Binding Financial Agreements, often called pre-nuptial agreements, give couples certainty by setting out how assets and financial resources will be dealt with if they separate.
Whether entered into before, during or after a relationship, these agreements can reduce uncertainty and the risk of future disputes.
We provide tailored advice, careful drafting and independent legal representation so your agreement is robust, effective and aligned with your long-term goals. A poorly drafted agreement can be set aside, so precision matters.
How we can help
- Pre-nuptial and cohabitation agreements
- Agreements during a marriage or de facto relationship
- Post-separation financial agreements
- Protecting businesses, inheritances and family wealth
- Independent advice on an agreement prepared by the other side
How the process works
- 1
Clarify what to protect
We map your assets, future expectations and what a fair arrangement looks like for you both.
- 2
Draft with precision
The agreement is drafted to meet the strict requirements of the Family Law Act.
- 3
Independent advice
Each party must receive independent legal advice and a signed certificate from their lawyer.
- 4
Sign and store
Once signed, we keep the original safe and review it if your circumstances change.
Common questions
Are pre-nups binding in Australia?
Yes, if they meet the requirements of the Family Law Act, including full disclosure and independent legal advice for each party, and are properly signed.
Can a Binding Financial Agreement be set aside?
In some circumstances, for example fraud, non-disclosure, unconscionable conduct, or a material change relating to the care of a child. Careful drafting and process reduce that risk.
How long does it take?
Allow several weeks, particularly before a wedding. Starting early avoids pressure that could later be used to challenge the agreement.
This page is general information only and is not legal advice. Contact us for advice on your circumstances.