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Maternity Prenup

Maternity Prenup Generator for Australia

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Maternity Prenup

"I need a Maternity Prenup to protect my technology startup's assets and intellectual property, while ensuring fair provisions for pregnancy-related medical expenses and post-birth arrangements, as I'm getting married in March 2025 and we're planning to start a family immediately after."

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Document background
The Maternity Prenup is a specialized form of binding financial agreement designed for use in Australia by couples planning to marry who wish to address both standard prenuptial matters and specific concerns related to pregnancy and childbirth. This document becomes particularly relevant when one or both parties seek to establish clear financial and medical decision-making arrangements before marriage, specifically in relation to planned or potential pregnancy. The agreement must comply with the Family Law Act 1975 (Cth) requirements for binding financial agreements while incorporating provisions for maternity-related expenses, healthcare decisions, and post-birth financial arrangements. It requires independent legal advice for both parties and includes comprehensive financial disclosures, making it suitable for couples who want to combine traditional asset protection with specific maternity-related planning.
Suggested Sections

1. Parties: Identification and details of both parties entering into the agreement

2. Background: Context of the agreement, including the intended marriage and pregnancy status

3. Definitions: Definitions of key terms used throughout the agreement

4. Independent Legal Advice: Declarations regarding receipt of independent legal advice by both parties

5. Pre-Birth Financial Arrangements: Financial arrangements during pregnancy, including medical expenses and maternity costs

6. Post-Birth Financial Arrangements: Financial arrangements following the birth of the child

7. Property Division: How property will be divided both during marriage and in case of separation

8. Medical Decision Making: Rights and responsibilities regarding medical decisions during pregnancy and birth

9. Parental Responsibilities: General framework for parental responsibilities (noting that specific child custody/support cannot be legally bound)

10. Termination and Amendment: Circumstances under which the agreement can be terminated or amended

11. Governing Law: Specification of Australian law as governing law and relevant jurisdiction

Optional Sections

1. Business Interests Protection: Additional provisions for protecting business interests during pregnancy leave and after birth, relevant for business owners

2. Cultural and Religious Considerations: Specific provisions relating to cultural or religious practices during pregnancy and childbirth

3. International Assets: Additional provisions for couples with international assets or potential international relocation

4. Genetic Material: Provisions regarding stored genetic material and fertility treatments if applicable

5. Social Media and Privacy: Guidelines for sharing pregnancy and child-related information on social media

6. Future Children: Provisions for potential future pregnancies and children

7. Career Impact Compensation: Provisions for compensating career interruption due to pregnancy and childcare

8. Extended Family Rights: Provisions regarding grandparents' and extended family rights and involvement

Suggested Schedules

1. Schedule A - Financial Disclosure: Detailed disclosure of both parties' financial positions at time of agreement

2. Schedule B - Medical Insurance Coverage: Details of medical insurance coverage and agreements regarding pregnancy and birth expenses

3. Schedule C - Specified Property: Detailed list of property owned by each party prior to marriage

4. Schedule D - Anticipated Pregnancy Expenses: Breakdown of anticipated pregnancy-related expenses and responsibility allocation

5. Schedule E - Certificate of Independent Legal Advice: Signed certificates from legal representatives for both parties

6. Appendix 1 - Medical Preferences: Documentation of agreed medical preferences and birth plan outline

7. Appendix 2 - Support Network: List of agreed support persons and their roles during pregnancy and early childcare

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Binding Financial Agreement
Child
Commencement Date
Confidential Information
De Facto Relationship
Effective Date
Existing Children
Financial Resources
Future Child
Healthcare Provider
Independent Legal Advice
Joint Property
Marriage
Maternity Costs
Medical Expenses
Medical Treatment
Parties
Post-Birth Period
Pre-Birth Period
Pregnancy
Prenatal Care
Property
Separate Property
Separation
Spouse
Termination Event
Birth Plan
Financial Disclosure
Healthcare Decision
Living Expenses
Marriage Date
Medical Emergency
Permitted Disclosure
Pre-Existing Assets
Pregnancy-Related Expenses
Private Health Insurance
Professional Income
Relationship Property
Shared Residence
Clauses
Interpretation
Definitions
Independent Legal Advice
Pregnancy Healthcare
Medical Decision-Making
Property Division
Financial Disclosure
Pregnancy Expenses
Post-Birth Financial Arrangements
Separate Property
Joint Property
Confidentiality
Privacy
Termination
Amendment
Severability
Governing Law
Dispute Resolution
Force Majeure
Notices
Property Rights
Career Impact
Insurance Coverage
Living Arrangements
Asset Protection
Inheritances
Business Interests
Mutual Obligations
Representations and Warranties
Binding Effect
Relevant Industries

Legal Services

Healthcare

Family Services

Financial Services

Insurance

Social Services

Medical Insurance

Wealth Management

Professional Services

Relevant Teams

Legal

Family Law

Wealth Management

Healthcare Administration

Document Processing

Mediation

Client Services

Estate Planning

Risk Management

Social Services

Relevant Roles

Family Lawyer

Legal Counsel

Wealth Manager

Financial Advisor

Family Law Specialist

Healthcare Administrator

Medical Practice Manager

Marriage Celebrant

Family Mediator

Estate Planner

Insurance Advisor

Social Worker

Family Court Registrar

Legal Document Specialist

Prenuptial Agreement Specialist

Industries
Family Law Act 1975 (Cth): Primary federal legislation governing prenuptial agreements (Binding Financial Agreements), marriage, divorce, and family matters in Australia. Particularly sections 90B-90KA dealing with financial agreements.
Family Law Amendment Act 2000: Introduced specific provisions for binding financial agreements and their requirements for validity.
Child Support (Assessment) Act 1989: Relevant for any provisions relating to future child support arrangements, though note that child support obligations cannot be contracted out of in Australia.
State Property Law Acts: Various state-specific laws governing property rights and division, which may affect how assets are treated in the prenuptial agreement.
Australian Consumer Law: Relevant for ensuring fairness and transparency in the contract terms and protecting against unconscionable conduct.
Healthcare Decisions Act (State-specific): Relevant for any provisions relating to medical decisions during pregnancy and birth.
Privacy Act 1988 (Cth): Important for handling personal and medical information that might be included in the agreement.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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