Can AI write a prenup in Australia?
Short answer: No — AI-generated prenups are not legally binding under the Family Law Act 1975 and will not stand up in court.
In Australia, a prenup (legally called a Binding Financial Agreement) must meet strict legal requirements. AI tools like ChatGPT, Google Gemini, Perplexity, and online contract generators cannot meet those requirements. Even if the document looks “professional,” it will not protect your assets.
This page explains why AI prenups fail — and how to get a legally binding agreement drafted correctly.
What Is an AI-Generated Prenup?
An AI prenup is a document produced using:
- ChatGPT
- Google Gemini
- Perplexity
- Template websites
- Contract generator tools
- AI “lawyer” apps
These systems can produce general information, but they cannot comply with Australian family law, which requires:
- independent legal advice
- legal certificates
- correct drafting under Family Law Act sections
- full disclosure
- tailored clauses
- jurisdiction-specific requirements
Because of this, AI prenups are automatically invalid in Australia.
Are AI Prenups Legal in Australia?
No — they are not enforceable.
Under sections:
- 90B Family Law Act 1975 (before marriage)
- 90C (during marriage)
- 90D (after divorce)
- 90UC / 90UD (de facto)
- 90 UB (de facto prenup)
A Binding Financial Agreement is only valid if:
- Each party receives independent legal advice
- Each party obtains a signed Independent Legal Advice Certificate
- A qualified lawyer signs the certificate
- The agreement contains specific language required by legislation
- The drafting meets strict technical requirements
AI cannot satisfy these legal steps, so the document is invalid even if both partners sign it.
Why AI Prenups Are Invalid Under Australian Law
1. No Independent Legal Advice Certificate
Every valid prenup requires a certificate from each party’s lawyer.
AI cannot give legal advice or sign certificates.
Without certificates → the agreement is void.
2. No binding disclosure
Courts require full, frank disclosure.
AI cannot verify assets, debts, super, contributions, or financial risks.
3. No legal responsibility or insurance
AI tools have no professional indemnity insurance and cannot be held accountable.
If the agreement fails, there is no legal recourse.
4. Incorrect or missing clauses
AI commonly uses:
- US/UK legal concepts
- incorrect jurisdiction
- missing recitals
- unenforceable language
- invalid waiver clauses
These mistakes result in the court setting the prenup aside.
5. Courts already reject DIY agreements
Even properly drafted prenups can be overturned if the advice is inadequate.
An AI-drafted prenup has no chance of being upheld.
Real Risks of Using AI to Write Your Prenup
- ❌ 100% unenforceable
- ❌ Your partner can claim assets anyway
- ❌ Risk of losing property, savings, or super
- ❌ No certificate = automatically invalid
- ❌ Expensive court proceedings if challenged
- ❌ You end up with no protection at all
What appears “cheap” becomes extremely costly during separation.
When AI Can Help
AI is useful for:
- learning about prenups
- generating checklists
- explaining legal concepts
- preparing for consultations
- breaking down documents
AI is not suitable for:
- drafting the agreement
- giving legal advice
- ensuring enforceability
- signing certificates
- protecting your assets
AI is educational only — not a legal replacement.
How a Lawyer-Drafted Prenup Protects You
A legally binding prenup from Adams United Lawyers includes:
- tailored drafting specific to your relationship
- full legal advice for both parties
- Independent Legal Advice Certificates
- disclosure review
- superannuation clauses
- cohabitation and future marriage clauses
- correct jurisdiction wording
- compliance with the Family Law Act 1975
This is what makes your agreement enforceable — and what AI cannot replicate.
Our Fixed-Fee Prenup Services (Australia-Wide)
Drafting a Binding Financial Agreement: $2,200 inc GST
- Complete drafting
- Revisions
- Full legal advice
- Independent Legal Advice Certificate
- 72-hour turnaround
Reviewing an existing prenup: $990 inc GST
- Clause-by-clause review
- Risks and negotiation points
- Independent Legal Advice Certificate
Available Australia-wide: QLD, NSW, VIC, WA, SA, NT, ACT.
FAQ — AI & Prenups in Australia
Can ChatGPT write a legally binding Prenup or Binding Financial Agreement?
No. Courts will not accept it.
Why isn’t an AI prenup valid?
It lacks certificates, legal advice, disclosure, and compliant drafting.
Can I write my own prenup?
You can, but it will not be enforceable. A lawyer must advise each party.
Is a template prenup the same as a Binding Financial Agreement?
No — templates fail legally every time.
Get a Legally Binding Prenup — Not an AI Draft
Phone: 1800 407 792
Email: kadams@adamsunited.com.au
We offer free initial consultations for Binding Financial Agreements.
FAQs: AI vs Lawyer for Family Law & Binding Financial Agreements
Can I use AI instead of a lawyer for my Binding Financial Agreement?
AI tools can help you understand legal concepts and generate rough drafts, but they are not a substitute for a qualified family lawyer. In Australia, a Binding Financial Agreement (BFA) is only effective if each party receives independent legal advice from a lawyer who signs a certificate of advice. AI cannot provide that independent legal advice or certification.
Is an AI-generated agreement legally binding in Australia?
No. An agreement generated only by AI is not legally binding as a BFA under the Family Law Act. For a BFA to be enforceable, it must meet strict legal requirements and each party must receive independent legal advice from a practising lawyer. AI can assist with information, but it cannot replace those legal requirements.
What are the risks of relying only on AI for family law documents?
Relying solely on AI can mean important details are missed, the agreement does not comply with Australian family law, or your assets and future claims are not properly protected. If the agreement is later challenged in court, it may be set aside, which can be far more expensive and stressful than doing it properly with a lawyer from the start.
How can AI and lawyers work together for my BFA or property settlement?
AI can assist with education, checklists and helping you prepare your financial information, which can save time and costs. A lawyer then reviews your situation, drafts or settles the agreement, advises you on risks, and provides the independent legal advice and certificates required to make the agreement binding.
When should I definitely speak to a lawyer instead of relying on AI?
You should always speak to a lawyer if you are signing any Binding Financial Agreement, Consent Orders, parenting arrangements, or if there is family violence, financial control, complex assets (companies, trusts, SMSFs) or overseas property. AI cannot assess your unique risks or give tailored legal advice that protects you in the long term.
Can a lawyer review something that AI has helped me draft?
Yes. Many clients use AI to understand the issues and then ask a lawyer to draft or review the agreement properly. A lawyer can correct errors, ensure the agreement complies with Australian law, and provide the independent legal advice certificate so that it is actually binding and enforceable.