Fixed-Fee. No hidden extras. Australia-wide.
Introduction
With AI becoming a normal part of everyday life, many couples are asking the same question:
“Can AI draft a prenup or Binding Financial Agreement for us?”
The short answer is:
AI can draft words — but it cannot create a legally enforceable BFA in Australia.
A Binding Financial Agreement must meet extremely strict requirements under the Family Law Act 1975 (Cth).
If even one requirement is missed, the agreement can be set aside, leaving your assets unprotected.
This article explains the real risks, the legal requirements, and why AI should never replace independent legal advice when it comes to a prenup.
What AI Can Do (Helpful, But Limited)
AI tools such as ChatGPT, Gemini, Copilot, and Perplexity can assist with:
- Explaining what a prenup or BFA is
- Summarising legislation
- Offering general information
- Drafting informal relationship agreements
- Helping you understand common clause types
- Brainstorming questions to ask your lawyer
These are general guidance tools, not legal drafting tools.
AI is not recognised in Australia as a qualified legal practitioner and cannot provide the mandatory advice needed for a Binding Financial Agreement.
What AI Cannot Do — the Legal Risks
For a BFA to be valid under sections 90B, 90C, 90D, 90UB, 90UC, 90UD, BOTH parties must receive:
From a lawyer who:
- is admitted in Australia,
- is covered by professional indemnity insurance, and
- signs a formal solicitor’s certificate.
AI cannot provide this.
✔ Legal advice on the effect of the agreement
AI cannot assess:
- the fairness of your division
- whether the agreement complies with the Act
- your risk of the agreement being set aside
- whether coercion, pressure, or unconscionable conduct exists
✔ Tailored risk assessment
Every couple’s financial history is different.
AI cannot consider:
- contributions
- future needs
- relationship dynamics
- parenting factors
- superannuation law
- taxation consequences
- WA-specific law under the Family Court Act 1997
✔ Compliance drafting
AI cannot guarantee:
- correct recital structure
- precise clause wording
- valid execution method
- enforceable jurisdiction clauses
- mandatory legislative requirements
If it’s drafted incorrectly, your prenup will not protect you.
Cases Where DIY or Poorly Drafted Prenups Were Thrown Out
Courts have repeatedly set aside agreements where:
- The wording was unclear
- There was no real independent advice
- One party felt pressured
- The drafting was defective
- The financial information was incomplete
- Solicitor certificates were missing or invalid
AI-generated agreements fall directly into these risk categories.
Why More People Are Trying to Use AI for Prenups
- It feels fast
- It feels cheap
- People don’t know the strict legal requirements
- They assume “drafting the words” is the main part
- Other countries do allow AI contracts — Australia does not
But a prenup is not just a document.
It is a legal process, with mandatory advice and strict compliance.
The Real Cost of a DIY AI Prenup
If your agreement is declared invalid, you may face:
- expensive property litigation
- loss of assets you thought were protected
- disputes over contributions
- unpredictable Court orders
- thousands in legal fees to fix the problem later
A proper BFA costs far less than litigation.
Why You Still Need a Lawyer (Even If You Use AI First)
If you want to use AI to understand the basics — that’s completely fine.
But before you sign anything, you absolutely need:
1. Proper drafting
So the agreement meets the Act.
2. Independent legal advice for each party
This is mandatory, not optional.
3. A solicitor’s certificate
A BFA is invalid without this.
4. Risk assessment
To make sure your agreement won’t be overturned later.
How Adams United Lawyers Can Help (Fixed Fee, No Hidden Extras)
We offer:
✔ Drafting a Binding Financial Agreement – $2,200 (fixed fee)
Includes:
- tailored drafting
- revisions
- negotiations
- solicitor’s certificate
- compliance check
- 72-hour turnaround
✔ Reviewing a BFA – $990 (fixed fee)
Includes:
- clause-by-clause advice
- risks flagged
- alternative wording
- negotiation points
- solicitor’s certificate
- 24-hour turnaround
Australia-wide service.
No add-ons. No surprise charges.
We handle everything.
FAQs
Can AI draft a legally binding prenup in Australia?
No. AI cannot provide mandatory independent legal advice or meet the requirements under the Family Law Act.
Is an AI-generated prenup enforceable?
No. Without solicitor certificates and proper legal advice, it is invalid.
Can we use AI to create a “first draft”?
Yes. But you must have a lawyer rewrite and certify it.
Do both partners need separate lawyers?
Yes. Shared appointments are no longer appropriate due to recent case law on undue pressure.
How much does a proper prenup cost?
Drafting: $2,200 (fixed fee)
Review: $990 (fixed fee)
Adams United Lawyers
