Adams United Lawyers
A Binding Financial Agreement (BFA), often called a “prenup,” can protect your assets, reduce future conflict, and give you certainty.
Some agreements get overturned — not because of money, but because of red flags that people ignored at the start.
Here are the warning signs family lawyers look for before signing any prenup in Australia.
1️⃣ The Agreement Was Rushed or Signed Last Minute
If one party signs:
- the night before the wedding,
- under pressure,
- or without enough time to think —
⚠️ It can be challenged for duress.
Courts expect genuine time to get independent legal advice.
No lawyer can fix a rushed agreement after it’s already happened.
2️⃣ One Side Controls the Money or the Process
If the agreement is drafted entirely by one partner, and the other partner:
- Doesn’t understand the financial information
- Didn’t receive full disclosure
- Wasn’t allowed to negotiate
⚠️ It can be set aside for unconscionable conduct.
A fair prenup requires transparency and negotiation.
3️⃣ It’s a Downloaded Template (USA or UK Style)
If the document looks like:
- an American “prenup template,”
- a Canadian financial agreement, or
- a DIY online form
⚠️ It will not be enforceable in Australia under the Family Law Act 1975.
Australia has strict, specific rules — USA wording is automatically invalid.
Linked resource you can add:
Binding Financial Agreements (Australia) → https://adamsunited.com.au/binding-financial-agreements/
4️⃣ No Independent Legal Advice (on Both Sides)
Australian law requires each person to receive:
- their own lawyer,
- their own advice,
- their own certificate of advice.
If both parties sign with the same lawyer, or if someone didn’t get proper advice —
⚠️ The entire agreement can be thrown out.
5️⃣ Terms That Are Shockingly One-Sided
Courts don’t require a 50/50 prenup, but they do require honesty.
Red flags include:
- One person walks away with everything
- The financially weaker partner gets nothing
- provisions that feel like punishment
⚠️ If it’s too lopsided, it risks being set aside.
6️⃣ No Plan for Kids, Mortgages, or Future Assets
If the prenup only focuses on what you have now, but doesn’t address:
- children
- future property
- inheritances
- superannuation
- business expansions
⚠️ It becomes messy and may be challenged later.
Strong agreements cover both current and future scenarios.
How to Protect Yourself When Signing a Prenup
To make your agreement strong and enforceable:
- Use an experienced Australian family lawyer
- Allow enough time
- Disclose everything honestly
- Negotiate terms properly
- Ensure both of you get separate legal advice
- Avoid templates or overseas wording
This protects your financial future and reduces the risk of court challenges.
Need an Enforceable Prenup?
Adams United Lawyers drafts and reviews Binding Financial Agreements Australia-wide.
We offer:
✔ Fixed fee: $2,200 for drafting
✔ Fixed fee: $990 for independent legal advice & review
✔ 72-hour turnaround
✔ No hidden extras
✔ Nationwide service
👉 Contact us: https://adamsunited.com.au/contact-us/
Learn more under the Family Law Act 1975 (Cth):
https://www.legislation.gov.au/F2015L00079/latest/text
Adams United Lawyers – 1800 407 792
