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What is a prenuptial agreement?
A prenuptial agreement (often called a "prenup") is a legally binding agreement made by a couple before they get married. It sets out how property, finances, and debts will be divided if the relationship ends in separation or divorce.
In Australia, these agreements are also known as Binding Financial Agreements (BFAs) under the Family Law Act 1975. To be valid, each person must receive independent legal advice, and the agreement must meet specific legal standards. Think of it as a financial roadmap that both partners agree on before saying "I do". It provides clarity and can prevent costly disputes later.
Key benefits of prenuptial agreements
A well-drafted prenup can protect existing assets like property, businesses, or inheritance while helping you avoid costly court disputes if you ever separate. It clarifies expectations about financial contributions and helps ensure financial fairness between partners.
You can also protect yourself from your partner's debts and plan ahead with confidence before marriage. Many couples find that discussing a prenup actually strengthens their relationship by encouraging open conversations about money and future goals.
How LawConnect can help with your prenuptial agreement
Our AI legal assistant can answer your prenup questions instantly whether you're wondering if it's right for you, how to draft one, or what it can cover. Get personalised information based on your specific situation, available 24/7.
If you're in Australia, we can also connect you with a licensed family lawyer who can help draft or review your agreement, ensure it meets legal standards under the Family Law Act, provide legal advice, and protect your interests in a fair and enforceable way.
Common scenarios we help with:
You want to protect a business you started before marriage
You're marrying later in life and want to keep assets separate
Your partner asked you to sign one, and you want legal advice
You and your partner both agree, but need help drafting it properly
Frequently Asked Questions
Yes, prenuptial agreements are legally recognised in Australia as Binding Financial Agreements under the Family Law Act 1975. However, they must follow strict legal requirements to be valid. Both parties need to receive independent legal advice from separate lawyers, and the agreement must be properly signed and witnessed. Our AI legal assistant can explain what makes a valid prenup, and we can connect you with a family lawyer who can provide legal advice when needed.
Yes, our AI legal assistant is completely free to use. You can ask any legal question about prenuptial agreements and receive helpful, personalised information based on your situation. If you need legal advice or want to draft a prenup, we can connect you with an experienced family lawyer.
Getting a prenup involves several important steps. First, have an open conversation with your partner about your goals and concerns. Then, you'll both need to contact separate family lawyers to receive independent legal advice (this is required by law in Australia). Your lawyers will help draft the agreement, ensuring it covers all your assets, debts, and financial arrangements. Our smart legal assistant can provide information about the process, and we can connect you with qualified lawyers when you're ready.
A prenup works by setting out clear rules for how your finances will be handled if your marriage ends. It can specify which assets remain separate property, how jointly acquired assets will be divided, who's responsible for which debts, and arrangements for spousal maintenance. The agreement essentially overrides the default property settlement rules under the Family Law Act. Our AI legal assistant can help you understand what should be included in your specific situation.
Yes, you can create a similar agreement after marriage, which is called a postnuptial agreement or post-marital Binding Financial Agreement. The legal requirements are the same as for prenups. Both parties need independent legal advice from a lawyer and the agreement must be fair and properly documented. Our AI legal assistant can explain your options and we can connect you with a lawyer who can provide advice when needed.
A prenup can protect a wide range of assets and interests. It commonly protects pre-marital assets like property, businesses, investments, and inheritance. It can also protect future assets and shield you from your partner's debts. However, the protection depends on how well the agreement is drafted and whether it remains fair over time. Our AI legal assistant can help you understand what specific assets you might want to protect in your situation.
A prenup typically lasts indefinitely until it's replaced, revoked, or successfully challenged in court. However, the enforceability can change over time. Courts may be less likely to uphold agreements that have become unfair due to changed circumstances, such as having children or significant changes in wealth. Our smart legal assistant can explain how changing circumstances might affect your agreement.
Writing a prenup requires professional legal help. Each party must engage their own family lawyer to ensure independent legal advice. The lawyers will help identify all assets, debts, and financial arrangements that should be covered. Attempting to draft a prenup without proper legal help often results in invalid agreements. Our AI legal assistant can help you prepare for meetings with lawyers, and we can connect you with experienced family lawyers who can provide legal advice.
Whether you should get a prenup depends on your individual circumstances. Consider a prenup if you have significant assets, own a business, expect to receive an inheritance, or have children from previous relationships. It's also worth considering if there's a significant difference in wealth between you and your partner. Our AI legal assistant can help you weigh the pros and cons based on your specific situation, and we can connect you with a lawyer for advice.
Without a prenup, your property will be divided according to the Family Law Act if you separate or divorce. The court considers various factors, and the process can be lengthy, expensive, and unpredictable. Assets you brought into the marriage might still be considered part of the shared property pool. Our AI legal assistant can help you understand how family law property settlements work and whether a prenup might benefit you.
Yes, a prenup can protect future assets, but the wording must be very specific and carefully considered. You can include provisions for future business income, property acquisitions, or inheritance. However, courts pay close attention to whether these provisions remain fair over time. Our smart legal assistant can explain how future asset protection works, and we can connect you with a lawyer who can provide advice and draft appropriate clauses.
Yes, courts can set aside prenups in certain circumstances. This might happen if the agreement was signed under duress, if one party didn't receive proper legal advice, or if the agreement is unconscionably unfair. Having a well-drafted agreement with proper legal procedures reduces this risk. If you're concerned about the validity of an existing prenup, our AI legal assistant can help you understand the warning signs, and we can connect you with a lawyer for a review.
Prenups don't automatically expire, but their enforceability can weaken over time. Courts may be less likely to uphold agreements in long marriages where circumstances have changed dramatically. Some couples include sunset clauses that make the agreement expire after certain conditions are met. Our AI legal assistant can explain how time affects prenups.
Yes, in Australia, both parties must receive independent legal advice from separate lawyers for a prenup to be legally binding. This isn't just recommended, it's a legal requirement. Trying to create a prenup without proper legal advice will likely result in an invalid agreement. Our AI legal assistant can help you prepare questions for your lawyer consultation, and we can connect you with qualified family lawyers in your area.
Well-prepared prenups generally hold up in court, especially when they've been properly drafted with independent legal advice and fair terms. However, courts will scrutinise agreements that appear unfair or where circumstances have changed significantly. Having regular legal reviews can help maintain your prenup's validity. Our smart legal assistant can help you understand what makes a prenup more likely to be enforced, and we can connect you with lawyers for professional reviews and advice when needed.