Clear advice and carefully drafted agreements, so you both know where you stand.
In Australia, a prenup is called a binding financial agreement. It sets out how property, debts and money will be divided if your relationship ends. You can make one before or during a marriage or de facto relationship.
Couples often use a prenup to protect assets they owned before the relationship, a business, an inheritance or family property. It gives you both certainty and can avoid a long dispute later.
To be binding, the agreement has to meet strict legal requirements, including full financial disclosure and independent legal advice for each of you before signing. We draft agreements that suit your circumstances and meet every requirement, so they hold up if they are ever needed.
You can write your own agreement, but it will not be binding unless it meets the strict requirements of the Family Law Act 1975 (Cth). In Australia a prenup is called a binding financial agreement. Both people must sign it, and before signing each person must receive independent legal advice from their own lawyer about how the agreement affects their rights and whether it is to their advantage. Each lawyer then signs a statement confirming that advice was given (section 90G for married and engaged couples, section 90UJ for de facto couples).
DIY and template agreements are often challenged or set aside because one of these steps was missed. Having a prenuptial agreement prepared by a family lawyer in Brisbane from the start is the safest way to make sure it holds up.
A prenup does not mean you expect the relationship to fail. Talking openly about money before you commit can build trust, because you both start with clear expectations.
If you do separate, a well-drafted agreement makes things simpler, quicker and less stressful for both of you.
We make the process straightforward. Here is what you can expect:
A prenup needs to follow certain steps to be legally binding. Here is how it works:
Start with an honest conversation about your assets, debts and what you want the agreement to do.
Meet a family lawyer to understand what a prenup can and cannot do for you.
Your lawyer drafts the agreement, setting out how assets, debts and financial responsibilities will be handled.
The law requires each of you to get advice from your own lawyer. This makes sure you both understand what you are signing.
After getting advice, you both sign. Each lawyer signs a statement confirming advice was given, and copies are exchanged.
Store the signed agreement and statements somewhere secure where you can find them later.
We guide you from the first meeting through to signing:
We meet with you to understand your circumstances and what you both want the agreement to achieve.
We explain your options and what the agreement means for your rights, so you can decide with confidence.
No templates. We draft each agreement to fit your situation, covering assets, debts and financial responsibilities.
We check the agreement is fair and meets the law, and explain every part of it without jargon.
If your circumstances change, for example you have children or buy property, we can help you review or update the agreement.
Yes, if it meets the requirements of the Family Law Act 1975 (Cth). Both people must sign it, and each must get independent legal advice and a signed statement of advice from their own lawyer before signing. A court can still set an agreement aside in limited circumstances, such as fraud, failing to disclose assets, unconscionable conduct, or a material change in circumstances relating to the care of a child.
As early as you can, ideally several months before the wedding. Signing in the last few weeks can create pressure, which may later be used to argue the agreement was not entered into freely.
Yes. Each person must get independent legal advice from a different lawyer for the agreement to be binding. We act for one partner, and the other partner will need to see a separate law firm.
Yes. Couples who live together, or plan to, can make a binding financial agreement before or during the relationship under Part VIIIAB of the Family Law Act.
Yes. You can make a new agreement that replaces or ends the existing one. It must meet the same requirements, including independent legal advice for each of you. Read more about postnuptial agreements and whether you should get a prenup.
