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Family law · Agreements

Binding financial agreements (prenups)

Whether you're starting a relationship, already in one, or separating, a binding financial agreement can set out how assets are handled — giving you both certainty.

Part of our Family law practice.

How we help

What we help with

The process

How it works

Talk it through

We help you both understand what an agreement can and can't do.

Draft it carefully

These agreements must meet strict legal requirements — including independent advice for each of you — or they can be set aside.

Sign with confidence

Done properly, it gives you both clarity and protection.

Good to know

Common questions

Is a 'prenup' valid in Australia?

Yes — as a binding financial agreement — but only if strict rules are met, including that each person receives independent legal advice. That's why both parties need their own lawyer.

Can it be overturned?

It can be set aside if the requirements weren't met, or in limited circumstances such as non-disclosure or duress. Careful drafting is essential.

Do we each need a lawyer?

Yes. Independent legal advice for each person is a legal requirement for the agreement to be binding.

Can we make one after separating?

Yes — a binding financial agreement can finalise a property split after separation, as an alternative to consent orders.

Related

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Book a consultation or take the free claim check — we'll tell you where you stand and what to do next.

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