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Compulsory pre-nups for all couples?

By February 6, 2017No Comments

By Gianna – Blog Editor

Pauline Hanson’s One Nation party has toned down its criticisms of the family court system in its latest policy ‘blueprint’ announcement this week, though the party’s website still details plans to ditch the judicial system of the Family Court and instead create tribunals staffed by “ordinary Australians”.

Instead of reiterating her previous claims of judicial bias, Senator Hanson has now detailed plans for forcing all members of romantic couples to sign pre-nuptial or binding financial agreements (BFAs).  Such “court-approved” agreements would “outline how (couples) deal with their children and assets if a relationship broke down”.

It’s not clear whether One Nation expects its proposed tribunals to enforce the agreements, or if the family courts are now intended to be retained and tasked with implementing this massive rollout of BFAs.

How this extra absorption of court time and resources would help ease the existing burden on the family courts is also not explained.

Senator Hansen is certainly not alone in arguing the “overloaded” system is struggling under the weight of cases, with final judgments sometimes taking years to be delivered.  Court users, practitioners and members of the judiciary have repeatedly pointed out the system desperately needs more resources, while stopping short of agreeing with One Nation that the family law system requires a “complete overhaul” and potentially the abandonment of the existing court system entirely.

One Nation does not explain at what point couples would be required to enter into a compulsory BFA (compulsory pre-nups). After six months together? Three months? Or must one in fact negotiate a BFA before even starting a relationship, as Senator Hanson implies: “So before someone goes into a relationship or a marriage, you must have a premarital agreement. It would be confidential (and lodged with courts).”

It’s very difficult to imagine negotiating such an agreement with a prospective romantic partner before actually even entering the relationship.

What do you think of One Nation’s latest plans?

We previously examined Pauline Hanson’s family law policies here:

Read more:

Do you need assistance with a family law matter? Please call Canberra family lawyer Cristina Huesch or one of our other solicitors on (02) 6223 2400 for advice.

(Please note: Our blogs are not legal advice. For details about how to obtain correct legal advice please arrange a free conference with Alliance Family Law.)


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