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New research from the University of Melbourne shows that the more ‘gimmicky’ your wedding date, the more likely your marriage is to end in divorce; an 18 to 36% increased rate of divorce than those couples who married on ‘non-gimmicky’ dates. Such gimmicky dates include numerical dates, 11.12.13, 11.11.11 and even palindromic dates such as 6.10.16 this year.
Whilst a special wedding date may have a certain symbolical or sentimental meaning to the couple, such a a superstition as to the numbers of the date, does it mean your marriage is doomed? In my view, probably not. It is true that there are an oddly high number of persons getting married on these special dates (five times more than an ordinary date), which also include the romantic holiday of the year, Valentine’s day, it is most likely to be the combination of the marrying persons than the date in which it occurred which is to be responsible for the longevity or successfulness of the marriage.
Now is this because couples have rushed to getting married because of the upcoming date, or the novelty of the idea … We will not know these answers, however these are ways to protect yourself from a messy and costly divorce.
So how do you protect yourself from expensive legal fees and the inevitable emotional cost toll that the breakdown of a marriage may have? The most common is a Financial Agreement, also referred to as a ‘pre-nuptial agreement’. These agreements can also be drafted for persons contemplating entering into a de facto relationship. These Agreements can also be drafted during marriage and also during a de facto relationship. It is important that there are no duress factors present when either party is signing one of these agreements. For example the woman is pregnant with the man’s child and he is paying for her legal fees associated with the agreement. The couple are probably best to wait till the baby is born to avoid, or at least reduce, the argument for having the Agreement set aside for being entered into under duress.
The beauty of a financial agreement is that it can be and should definitely be tailored to your individual needs as a couple. The operative clauses can provide for one party to get a payment or particular assets upon the breakdown of the relationship, or allow for consideration of the birth of children.
A financial agreement is worth the initial investment of legal fees to have a properly drafted agreement, along with tailored advice in accordance with the Act. For these agreements to be enforceable, the parties must have obtained independent legal advice and their respective lawyers must execute a certificate which is annexed to the Agreement to reflect that.
If you are considering entering into marriage, or a de facto relationship and are considering a Financial Agreement, contact us at Armstrong Legal for tailored family law advice.
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