Overview

A prenup (properly called a “financial agreement”) is an agreement made by a couple which sets out the terms of their financial settlement if they separate.

You and your partner can make a prenup if you are married, engaged, in a de facto relationship, or planning to start a de facto relationship. 

We believe that prenups are more than just a tool to protect a partner bringing wealth into the relationship. A well-drafted prenup can help couples properly plan and structure their financial relationship, as well as avoid court or protracted legal negotiations if they separate.

When they comply with the Family Law Act, prenups are binding and can be enforced in court. One of the legal requirements is that you and your partner each receive your own independent legal advice before signing.

There are some circumstances in which prenups can be set aside by the Court, which are set out in section 90K. 

The prenups that have the best chance of standing up in court are those which are tailored to the couple’s specific circumstances, provide adequately for both parties, and are meaningfully negotiated with the help of specialist family lawyers. 

How we can help

We can provide you with confidential advice about what a prenup might look like in your circumstances and the likely outcome if you separated without a prenup.

Many of our clients tell us they find this conference invaluable, even if they ultimately do not end up making a prenup.

We can also help you negotiate the terms of a prenup and prepare the documentation. Your partner will need their own independent lawyer, and we can provide a referral for them if they wish and you consent. 

If your partner’s lawyers have already prepared a draft prenup, we can also review it and provide you with the advice required under the Family Law Act.