Most couples are surprised to learn that a professionally drafted prenup in Australia is far more affordable than they expect. While some law firms still charge between $3,500–$8,000, the reality is that a clear, legally enforceable agreement should not cost that much. This guide explains the true cost of prenups in Australia, what affects the price, and how to avoid being overcharged.
What Is a Prenup in Australia?
In Australia, a “prenup” is legally known as a Binding Financial Agreement (BFA) under the Family Law Act 1975.
A prenup allows couples to decide in advance:
- What happens to assets if they separate
- Who keeps the home
- What happens to savings, investments, cars, inheritances and superannuation
- How debts or liabilities will be treated
- Whether spousal maintenance will be waived
Unlike Consent Orders, a prenup is completely private, not filed in Court and can be made before marriage, during marriage, or even after separation.
How Much Does a Prenup Cost? (Actual Price Range in Australia)
Typical Pricing in Australia
Here’s what most couples are quoted:
| Type of Lawyer | Average Cost |
|---|---|
| Large national family law firms | $4,000–$8,000+ |
| Boutique specialist firms | $3,000–$5,500 |
| Budget or template sites | $400–$800 (very high risk) |
| Adams United Lawyers | $2,200 fixed fee (drafting) |
Your partner will need independent legal advice. We can refer them to a solicitor who charges:
$990 fixed fee for the review & certificate.
This is one of the most affordable, transparent and legally strong options available nationally.
H2: What Affects the Price of a Prenup?
Not all relationships are the same. Costs vary depending on:
How many assets are involved
Property, cars, savings, superannuation and shares all need to be listed clearly.
Whether a business or trust exists
These require extra drafting because courts closely examine fairness and disclosure.
Whether there are children or blended families
More children = more complexity = more clauses.
How much negotiation is required
If you and your partner agree easily, the cost stays low.
If there is back-and-forth negotiation between lawyers, the cost increases.
The lawyer’s seniority
Some firms bill $600–$900 per hour.
Our firm uses fixed pricing to avoid unexpected bills.
What Should a Prenup Include to Be Valid?
A properly drafted prenup must include:
- Full and honest disclosure of assets
- Clear division of all property
- Superannuation clauses
- Spousal maintenance clauses
- Clear definitions of what happens if separation occurs
- Independent legal advice certificates from both lawyers
- No pressure, duress or rushed signing
- Fairness at the time of signing
If any of these are missing, the agreement risks being overturned later.
Why Cheap Templates and Online DIY Prenups Are Dangerous
Google is full of DIY template prenups — but these are not compliant with the Family Law Act and will NOT hold up in Court.
Risks include:
- Missing clauses
- No spousal maintenance sections
- No independent legal advice
- No reference to correct sections of the Act
- Template wording that courts reject
Judges have repeatedly set aside template agreements in cases such as:
Hoult v Hoult, Kostres v Kostres, and Thorne v Kennedy.
A cheap prenup today becomes a very expensive Court battle later.
Why a Fixed-Fee Prenup Is the Best Option
A fixed fee gives you:
- Certainty
- Transparency
- No hourly billing surprises
- Fast turnaround (72 hours for drafts)
- National service anywhere in Australia
This is ideal for couples who want a strong agreement without the huge price tag of larger firms.
How Long Does a Prenup Take?
Timeframes vary depending on conflict level:
| Stage | Time |
|---|---|
| Initial instructions | Same day |
| Drafting | 72 hours with our firm |
| Review by the other solicitor | 2–5 days |
| Signing | Within 7–14 days total |
Some agreements can be finalised in under a week, especially when both parties agree.
Should You Use a Prenup or Consent Orders?
Use a prenup when:
- You are entering or already in a relationship
- You want to protect assets now
- You want a plan for what happens if separation occurs
Use Consent Orders when:
- You have already separated
- You want a Court-approved final settlement
- You want enforceability without ongoing risk
We provide fixed-fee drafting for both.
Frequently Asked Questions
Q: Is a prenup legally binding in Australia?
Yes — if drafted properly and both parties receive independent legal advice.
Q: Can a prenup be overturned?
Only in rare cases involving duress, fraud or major non-disclosure.
Q: Do both partners need separate lawyers?
Yes. This is required by law.
Q: Can a prenup include future inheritances?
Yes — and it’s highly recommended if family wealth is involved.
Q: Do de facto couples need prenups?
Yes. De facto partners are treated the same as married couples under the Act.
Contact Adams United Lawyers — Fixed Fee Prenups, Nationwide
Adams United Lawyers provides fast, clear, fixed-fee prenup drafting and reviewing across Australia.
Our services include:
- $2,200 fixed-fee drafting
- $990 fixed-fee review
- Independent legal certificates
- 72-hour draft turnaround
- Nationwide service (all states and territories)
If you want clarity, protection and a legally sound prenup, we can help.
kadams@adamsunited.com.au or visit Adams United Lawyers
Legal references – Australian Law Family Law Act 1975, the official legislation page:
https://www.legislation.gov.au/Series/C2004A00296
