Who Can Sign a Prenup in Australia?
(2025 Lawyer Guide)
A prenup — legally called a Binding Financial Agreement (BFA) — is one of the most effective tools to protect your assets, prevent future disputes, and clearly set out who keeps what if the relationship ends. But many couples still ask the same question:
Who can actually sign a prenup in Australia?
Below is the complete lawyer-written guide.
Who Can Enter Into a Prenup in Australia?
Anyone in a relationship can make a prenup if they fall into one of these categories:
1. Couples Who Are About to Get Married (Section 90B)
Perfect for engaged couples wanting clarity before marriage.
2. Couples Already Married (Section 90C)
Called a post-nuptial agreement.
3. De Facto Couples (Sections 90UB, 90UC)
You do not need to be married — de facto partners can sign prenups too.
4. Separated Couples (Sections 90D, 90UD)
You can sign a postnup after separation to finalise property division out of court.
Do Both Partners Need a Lawyer for a Prenup?
Yes.
This is the most important requirement.
For a prenup to be valid in Australia, each person must receive independent legal advice from a separate lawyer.
If you do not do this, the agreement is not binding.
Is a Prenup Enforceable in Australia?
Yes — If the agreement meets the strict requirements of the Family Law Act.
The major reasons prenups are overturned include:
- no independent legal advice
- pressure, threats, or emotional duress
- unfair terms
- misleading financial disclosure
(Avoid these by getting the agreement professionally drafted.)
Can You Sign a Prenup After Marriage?
No, but you can sign a Binding Financial Agreement during marriage. This is a Section 90C Binding Financial Agreement.
Many couples do this when:
- buying a house together
- refinancing
- receiving an inheritance
- starting a business
- separating assets later in life
FAQ
Who Can Sign a Prenup in Australia?
1. Who can legally sign a prenup in Australia?
Any couple who is married, planning to marry, or in a de facto relationship can make a Binding Financial Agreement under the Family Law Act.
2. Do both partners need separate lawyers?
Yes. The agreement is not binding unless each partner receives independent legal advice from their own lawyer.
3. Can you sign a prenup after marriage?
No, but you can enter a Binding Financial Agreement during marriage. This is a Section 90C Binding Financial Agreement, commonly used by married couples wanting clarity after the wedding.
4. Can de facto couples sign a prenup?
Absolutely. De facto partners can enter into BFAs under Sections 90UB and 90UC of the Act.
5. Do prenups expire?
No — but they can become outdated if major circumstances change (children, illness, financial changes). Updates are recommended.
6. Can a prenup be changed later?
Yes. It must be updated with a new written agreement that both partners sign with fresh legal advice.
7. Are prenups enforceable in Australia?
Yes — if properly drafted, disclosed, and signed with correct legal advice.
Learn More About Prenups & the Family Law Act
If you’re considering a prenup in Australia, it’s important to understand how the Family Law Act 1975 governs Binding Financial Agreements (BFAs). These laws outline the requirements for validity, enforceability, and the independent legal advice needed for a prenup to hold up in court.
To learn more, you can review the official legislation here:
🔗 Family Law Act 1975 (Cth) — Financial Agreements
https://www.legislation.gov.au/Series/C2004A00275
(External link to Australian Government legislation)
Speak With a Lawyer About Your Prenup
If you want personalised advice or need a professionally drafted prenup, our firm offers fixed-fee drafting and review services with no hidden extras.
Our principal solicitor has over 27 years’ experience in family law, and we provide nationwide remote service for both drafting and independent legal advice.
1800 407 792 – Fixed Fee – Free Consultations.