Introduction
Prenups in Australia are Binding Financial Agreements under the Family Law Act. Although many couples believe these agreements cannot be changed once signed, this is not correct. A Binding Financial Agreement can be updated, replaced, varied, or terminated as long as the process is legally compliant.
This guide explains when a prenup can be updated, how the law treats variation, and the steps required to ensure the updated agreement is enforceable in Australia in 2026.
For a complete overview of prenups see
https://www.adamsunited.com.au/prenup-australia-fixed-fee/
Can a prenup be changed in Australia
Yes. A prenup can be changed in Australia but the process must comply with the Family Law Act. You cannot simply edit the document or sign a short amendment. There must be a new Binding Financial Agreement or a formal termination agreement.
Couples can
• update the agreement
• replace the agreement
• terminate the agreement
• create a new agreement after the termination
The correct process is essential for enforceability.
Common reasons couples update a prenup
Prenups are often updated because financial circumstances change.
These changes include
• purchase of a new property
• sale of a property
• business expansion
• trust restructuring
• receiving an inheritance
• birth of a child
• moving into a blended family
• significant changes in income
When financial situations evolve, the agreement should reflect the current reality.
For Binding Financial Agreement assistance
https://www.adamsunited.com.au/binding-financial-agreements-prenups/
How to update a prenup correctly
To update a prenup the law requires one of the following approaches.
Create a new agreement that replaces the old one
This is the most common method.
A new Binding Financial Agreement is prepared with updated terms, and both parties receive independent legal advice.
Terminate the old agreement, then create a new agreement
Some couples choose to formally terminate the original agreement through a termination agreement then enter a fresh updated agreement.
Use a variation agreement
Variation agreements must still comply with all legal requirements including independent advice and certificates. They are effective only when drafted correctly.
All three pathways require
• full and frank disclosure
• independent legal advice for each party
• compliant certificates
• proper drafting
• free and voluntary agreement
The Family Law Act reference for financial agreements
https://www.legislation.gov.au/Series/C2004A01050
When should you update a prenup
It is time to update the agreement when
• assets change significantly
• property ownership changes
• a business grows or restructures
• a partner receives a large inheritance
• new children or stepchildren enter the family
• one party makes a substantial financial contribution
• the original agreement no longer reflects reality
Keeping the agreement current reduces the risk of court challenge.
Do courts enforce updated prenups
Yes. Courts enforce updated prenups when
• The variation or new agreement was completed correctly
• Both parties had proper independent legal advice
• disclosure was accurate
• The agreement was fair at the time of signing
• record keeping is clear
If the updated agreement is compliant, courts treat it just like any other Binding Financial Agreement.
Court information
https://www.fcfcoa.gov.au
What happens if circumstances change, but the prenup is not updated
If the agreement is outdated, it may become
• unfair
• impractical
• inconsistent with current assets
• vulnerable to challenge
The safest approach is to review and update the agreement whenever major financial events occur.
Can a prenup be revoked completely
Yes. Couples can revoke a prenup by signing a termination agreement that complies with the Family Law Act. After termination, they may choose to create a new agreement or leave financial arrangements to be decided by the court if separation occurs.
Why professional assistance is essential when updating a prenup
Updating a Binding Financial Agreement is not a simple amendment. It requires
• correct drafting
• updated disclosure
• independent legal advice
• compliant certificates
• full understanding of the legal effect
Proper process ensures enforceability and long term protection.
Adams United Lawyers Binding Financial Agreements
We provide
• new Binding Financial Agreements
• updates and variations to existing agreements
• termination agreements
• independent legal advice for both parties
• fixed fee certainty
• nationwide service
FAQ: Updating a Prenup in Australia
Can a prenup be changed in Australia
Yes. A prenup can be changed in Australia by creating a new Binding Financial Agreement or by signing a termination agreement followed by a new agreement. The process must comply with the Family Law Act.
Can you update a prenup by making handwritten changes or edits
No. A prenup cannot be changed by simple edits or handwritten notes. Any variation must follow the same legal process as the original agreement and requires independent legal advice for both parties.
When should a prenup be updated
A prenup should be updated when major financial changes occur, such as buying a new property, receiving an inheritance, starting or expanding a business, or when the family structure changes.
Do you need new independent legal advice to update a prenup
Yes. Each party must receive fresh independent legal advice that explains the effect of the updated agreement and the advantages and disadvantages of signing it.
Will courts enforce an updated prenup
Yes. Courts enforce updated or replaced agreements when the new agreement follows the correct process, including full disclosure, proper advice, and fair negotiation.
What makes an updated prenup at risk of being challenged
An updated prenup may be challenged if disclosure was incomplete, if the advice process was defective, if signing occurred under pressure, or if the agreement was unfair at the time it was made.
Contact us
https://www.adamsunited.com.au/contact-us/
Main website
https://www.adamsunited.com.au/
