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A post nuptial agreement is a Financial Agreement created under section 90C of the Family Law Act 1975.
A Post Nuptial operates in a similar way to a Pre Nuptial agreement except it’s made after the wedding. Post-nuptial agreements deal with the difficult issue of how to establish an equitable distribution of shared assets and interests if the marriage breaks down.
It is common for couples to make such agreements to help resolve issues in their marriage by removing a source of disagreement over finances, assets, children, etc. Post Nups are sometimes considered in mediation where there has been a temporary breakdown in the marriage or the parties wish to establish a degree of certainty as to the financial outcome of any permanent breakdown.
Many couples will be surprised to learn that making a post nuptial agreement can actually promote harmony by helping one or both of the parties to feel more secure in the relationship.
