Prenup Lawyers Melbourne
Planning to marry or move in together, or already married? A binding financial agreement (prenup) lets you decide now what happens to your assets if you separate. We help you do it properly, without a last-minute rush.
In Australia, a prenup is a binding financial agreement (BFA) under the Family Law Act 1975. It can set out how property, superannuation and debts will be divided if you separate, and whether either of you can claim spousal maintenance. Done correctly, it keeps your financial affairs out of court. Done poorly, it can be set aside.
Move forward with clarity and confidence.
You Do Not Have to Sign Before the Wedding
Most people rush to sign a prenup in the weeks before their wedding. That is unfortunate. Signing under time pressure is stressful, and it gives the other party an argument later that they were pressured into it. We recommend entering into a BFA long before the wedding.
Many people do not realise you can also make one after you are married. An agreement made during the marriage has essentially the same effect, so if the wedding is close, it can be better to take your time and sign afterwards.
A good financial agreement gives you certainty. Do it properly, with time to spare, and keep it up to date as your life changes.
Giuseppe RubinoSenior Associate, Melbourne Family LawyersExperienced Prenup Lawyers in Melbourne
Many of our prenup clients are in the second part of their lives. Some have been through a family law property settlement before and do not want to go through it again. We prepare agreements for:
- Before marriage
- During marriage
- De facto couples
- Second marriages
- Protecting inheritances
- Business and family assets
What Makes a BFA Binding
A binding financial agreement is only binding if strict requirements are met:
Signed by both parties
Independent legal advice for each
Signed advice statements
Full financial disclosure
No pressure or unfairness
Each party must get independent advice about how the agreement affects their rights and its advantages and disadvantages, and each lawyer signs a statement confirming it. A court can set an agreement aside for reasons including fraud, non-disclosure, unconscionable conduct, or hardship arising from a material change involving the care of a child.
Review your agreement every 3 years
A BFA is not a set-and-forget document. Your lives change, and the agreement needs to keep up. Always review it after you have children or after any big change, such as buying property, starting a business or receiving an inheritance.
As a rule, revisit your agreement every 3 years to make sure it is still up to date and relevant.
Who Should Consider a Prenup?
A binding financial agreement is worth considering if you:
- Are entering a relationship in the second part of your life
- Have been through a property settlement before
- Have established wealth, property or a business
- Expect an inheritance
- Want to protect assets for children from an earlier relationship
- Are in a very different financial position to your partner
If you are not married, a BFA can also be made before or during a de facto relationship. See our de facto lawyers page.
If you are making an agreement before you marry, start early. Allow several months so there is time for:
- Exchanging financial information
- Drafting and negotiation
- Independent advice for each of you
- Signing well before the wedding
If the wedding is close, consider signing after it instead.
A financial agreement can be made at any time during a marriage, with essentially the same effect as one signed beforehand. It suits couples who ran out of time before the wedding, or whose circumstances have changed since.
A BFA can also be made after separation to finalise a property settlement without going to court. It does not need court approval, but both parties must be independently represented. See our consent orders page to compare the two.
Meet Some Of Our Family Lawyers
Hayder Shkara
Director & Practice Manager
Katherine Siotos
Associate
Stephanie Hope
Senior Associate
Giuseppe Rubino
Senior Associate
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Frequently Asked Questions
Are prenups legally binding in Australia?
Yes, if they meet the requirements of the Family Law Act: a written agreement, signed by both parties, with independent legal advice for each and signed advice statements.
Can we sign a prenup after we are married?
Yes. A financial agreement can be made during the marriage and has essentially the same effect as one made before the wedding.
How close to the wedding can we sign?
There is no fixed cut-off, but signing in the last few weeks creates pressure and a risk that the agreement is later challenged. We recommend signing long before the wedding, or after it.
Do we both need a lawyer?
Yes. Each party must get independent legal advice from their own lawyer for the agreement to be binding.
Can a prenup be overturned?
It can be set aside in limited circumstances, including fraud, non-disclosure, unconscionable conduct, or hardship from a material change involving a child. Careful drafting and full disclosure reduce the risk.
How often should we review our prenup?
After having children or any big change in your lives, and at least every 3 years, to make sure it is still up to date and relevant.
Can a prenup deal with child support?
No. Child support is dealt with separately, through Services Australia or a child support agreement. A BFA can deal with property, superannuation and spousal maintenance.