The Truth About Prenups in Australia: What They Actually Protect
(Adams United Lawyers — Fixed Fee Prenups & Binding Financial Agreements)
Prenups in Australia are becoming more common every year — not because couples expect to separate, but because they want clarity, fairness and financial protection from the start. In Australia, prenups are formally known as Binding Financial Agreements (BFAs) under the Family Law Act 1975.
Yet many people still misunderstand what a prenup can and cannot do. This article explains the real protections a prenup provides, why more Australians are choosing them, and how they work in practice.
1. A Prenup Protects Your Pre-Relationship Assets
Anything you owned before entering the relationship can be protected through a prenup.
This includes:
- savings
- property
- investment portfolios
- cars
- cryptocurrency
- businesses
- trusts
- inherited wealth
A prenup can make it clear that these assets remain yours if the relationship ends.
Without a prenup, these assets may still be considered part of the property pool depending on contributions and circumstances.
2. A Prenup Can Protect Future Assets Too
Unlike many countries, Australian prenups can also protect future assets, including:
- assets you expect to acquire
- businesses you expect to build
- future inheritances
- family gifts
- equity you haven’t yet accumulated
This is one of the most powerful features of a BFA.
3. Prenups Protect Inheritance and Family Gifts
If your parents or family plan to give you:
- a deposit
- early inheritance
- a share in a business
- a family heirloom
- a property contribution
A prenup can legally ring-fence these contributions so they remain yours.
This prevents significant future conflict and is one of the biggest reasons families request prenups today.
4. A Prenup Sets Out What Happens to Joint Assets
You can decide in advance how assets acquired during the relationship will be divided.
This gives you:
- certainty
- fairness
- lower risk of litigation
- a clear financial roadmap
For many couples, this clarity reduces stress and supports the relationship.
5. A Prenup Can Limit or Remove Spousal Maintenance
A prenup can:
- outline when spousal maintenance is payable
- limit it to specific circumstances
- exclude it entirely (where legally appropriate)
This prevents disputes later and gives both partners certainty about financial obligations.
6. Prenups Help Avoid Court
Most separations that end up in court are driven by:
- uncertainty
- disagreement
- fear of losing assets
- lack of documentation
A prenup provides the opposite:
clear, written, legally binding terms that greatly reduce the chance of litigation.
A well-drafted BFA is one of the strongest tools available to avoid court.
7. What Prenups Do NOT Protect
A prenup cannot:
- override parenting arrangements
- predetermine custody
- deal with child support liabilities imposed by law
- be used to exploit or pressure a partner
A valid prenup must be fair, properly drafted, and supported by independent legal advice for both parties.
8. Are Prenups Enforceable in Australia?
Yes — when properly drafted and executed, they are enforceable under the Family Law Act.
Each party must receive independent legal advice about:
- the effect of the agreement on their rights
- the advantages and disadvantages of signing it
This is how Adams United Lawyers ensures both compliance and strong enforceability.
9. Why More Australians Are Getting Prenups
The biggest reasons couples choose prenups today are:
- protecting inheritance
- protecting property
- second marriages or blended families
- safeguarding business assets
- unequal contributions
- protecting family assets or gifts
- reducing financial risk
- promoting transparency
It’s not about “planning for divorce.”
It’s about planning for certainty.
10. How Adams United Lawyers Can Help
We specialise in:
- Prenups
- Binding Financial Agreements
- Independent Legal Advice
- Separation Agreements
- De facto Financial Agreements
We work on fixed fees, fast turnaround, and nationwide service.
Our approach is practical, clear, and focused on protecting your financial future.
Contact Us – Free Consultation
