If you are entering a marriage or de facto relationship and want to protect your assets, it is critical to take steps before the relationship progresses further.
In Australia, the primary legal mechanism for asset protection is a Binding Financial Agreement (commonly referred to as a prenup), governed by the Family Law Act 1975.
For an overview of how these agreements work:
👉 https://adamsunited.com.au/binding-financial-agreement-australia
Why Asset Protection Matters Before Marriage
Many people assume that assets held in their sole name will remain theirs.
This is not necessarily the case.
Under Australian family law, the court considers:
- Contributions (financial and non-financial)
- Future needs
- Length of the relationship
Even assets acquired before the relationship can be subject to division.
What Assets Can Be Protected?
A properly structured prenup can address:
- Real estate owned prior to the relationship
- Savings and investments
- Business interests
- Inheritances (received or anticipated)
- Superannuation
- Future income and asset growth
The key is not just identifying assets, but structuring how they will be treated in the event of separation.
The Most Effective Way to Protect Assets
The most effective method is a Binding Financial Agreement entered into before marriage or cohabitation.
This allows parties to:
- Define how assets will be divided
- Quarantine certain assets
- Set out financial responsibilities
- Avoid future court proceedings
For enforceability considerations:
👉 https://adamsunited.com.au/do-prenups-hold-up-in-court-australia
Common Mistakes in Asset Protection
We regularly see issues where parties:
- Rely on informal agreements
- Use online templates
- Delay entering into an agreement until just before the wedding
- Fail to disclose financial information
These factors significantly increase the risk of the agreement being challenged.
Further risks:
👉 https://adamsunited.com.au/binding-financial-agreement-not-binding
Can You Protect Assets Without a Prenup?
There are limited alternatives, such as:
- Structuring assets through trusts or companies
- Keeping finances separate
However, these do not provide the same level of certainty as a Binding Financial Agreement.
Without a prenup, asset division will ultimately be determined by the court.
What Happens If You Do Nothing?
If no agreement is in place, the court applies a discretionary process to determine a fair outcome.
This may result in:
- Pre-existing assets being shared
- Adjustments based on future needs
- Uncertainty and legal costs
- 👉 https://adamsunited.com.au/
Our Fixed-Fee Prenup Process
At Adams United Lawyers, we provide a structured and compliant process.
Step 1: Intake Consultation
A 20–30 minute consultation to assess your circumstances.
Step 2: Drafting
Preparation of a tailored Binding Financial Agreement.
Step 3: Independent Legal Advice
Each party must obtain independent legal advice. We can provide a contact upon request; however, independence is maintained.
Step 4: Execution
Completion of the agreement in accordance with statutory requirements.
Fixed Fees
Prenup Drafting: $2,200 (incl. GST)
Includes:
- All consultations
- Tailored drafting
- Amendments and revisions
- Liaison with the other party’s solicitor
- Execution guidance
Independent Legal Advice (Review): $990 (incl. GST)
Includes:
- Verbal consultation
- Written advice
- Independent Legal Advice Certificate
Australia-Wide Service
We act for clients across Queensland, New South Wales, Victoria, Western Australia and the ACT.
All consultations are conducted remotely.
Conclusion
Protecting assets before marriage requires proactive legal planning.
A properly structured Binding Financial Agreement provides the highest level of certainty and reduces the risk of future dispute.
