Glossary

Agreement

An agreement is where two or more people consent to an arrangement which requires them each to take certain actions or abide by certain conditions. See also Legally Binding Agreement.

Agreement Enforceable at Law

An agreement which meets the criteria to be legally binding. See also Legally Binding Agreement

Child Agreements

An agreement about the arrangements for children made before June 1996. See also Parenting Plans and Consent Orders. From 1 July 2006 parties can reach an agreement by entering into parenting plans or consent orders.

Financial Agreement

A written agreement, made, before, during or after marriage, which deals with financial resources and maintenance of parties. Financial agreements may be enforceable through the courts if they each party has taken independent legal advice before signing the argeement.  In this case, the agreement is said to be a legally binding financial agreement.

Legally Binding Agreement

A common legal phrase indicating that an agreement has been consciously made, and drawn up to reflect that certain actions are now either required or prohibited by the affected parties.  For the agreement to be binding, each party must have taken independent professional legal advice.  

Legally Binding Financial Agreement

An agreement in which both parties agree on the parameters of the agreement, seal it by signing each page of the document, and have certified proof that: ,(a) Before signing the agreement they each received independent legal advice from a legal practitioner as to: ,(i) the effect of this Agreement on their individual rights; and ,(ii) the advantages and disadvantages, at the time of that advice, of consenting to the Agreement.

Premarital Agreement

An agreement entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate by death or divorce: Also called a prenuptial agreement.

Prenuptial Agreement

An agreement entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate by death or divorce: Also called a premarital agreement.
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