(Comprehensive Family Law Guide)
Introduction
Prenuptial agreements are legally binding in Australia when they comply with the Family Law Act 1975 and meet strict procedural requirements. These agreements, known as Binding Financial Agreements (BFAs), allow couples to set clear expectations about how property, superannuation and financial resources will be divided if the relationship ends.
For a full overview of prenups, see our Prenuptial Agreements Australia Guide:
👉 https://www.adamsunited.com.au/prenuptial-agreement-australia/
What Is a Legally Binding Prenuptial Agreement in Australia?
In Australia, a “prenup” is formally a Binding Financial Agreement, which can be entered under:
• Section 90B – before marriage
• Section 90C – during marriage
• Section 90D – after divorce
• Sections 90UB / 90UC / 90UD – for de facto couples
To understand BFAs in depth, visit our main BFA page:
👉 https://www.adamsunited.com.au/
A BFA lets couples decide in advance how property, liabilities and superannuation will be divided. When drafted properly, it prevents future disputes and provides certainty for both parties.
Are Prenuptial Agreements Enforceable in Australia?
Yes. Australian courts uphold BFAs when they meet Family Law Act requirements, including:
- Written agreement
- Signatures of both parties
- Independent legal advice for each party
- Legal certificates provided by both lawyers
- Full and frank financial disclosure
Read more about independent legal advice here:
👉 https://www.adamsunited.com.au/independent-legal-advice/
When these requirements are met, the court is prevented from making property adjustment orders unless grounds for setting aside exist.
Why Correct Drafting Matters
Incorrect drafting, incomplete disclosure or procedural errors greatly increase the risk of invalidation.
Common reasons BFAs are challenged include:
• Rushed signing near a wedding
• Lack of proper legal advice
• Unfair negotiation process
• Missing financial disclosure
• Power imbalance
• Incorrect values
• DIY or template documents
For compliant drafting, see our fixed-fee service:
👉 https://www.adamsunited.com.au/binding-financial-agreement-prenups/
When Will a Court Set Aside a Prenup?
Courts may set aside a BFA in limited situations:
• Fraud or non-disclosure
• Duress or undue influence
• Impracticability
• Significant changes involving a child
• Unconscionable conduct
• Invalid legal advice certificates
These circumstances are uncommon when the agreement is professionally drafted.
Do Prenups Hold Up in Court in 2026?
Yes. BFAs are upheld when:
• Disclosure is full and accurate
• Both parties had informed legal advice
• The agreement reflected fairness at the time of signing
• There was no pressure or rushed timelines
2026 trends show a continued increase in courts enforcing professionally drafted BFAs.
Poorly made online templates continue to fail at high rates.
For enforceable agreements:
👉 https://www.adamsunited.com.au/binding-financial-agreement/
What Can a Prenuptial Agreement Protect?
A BFA can protect:
• Property owned before the relationship
• Inheritances
• Superannuation
• Businesses and company shares
• Investments
• Savings and financial resources
• Contributions in blended families
To understand what is included and excluded:
👉 https://www.adamsunited.com.au/binding-financial-agreement/
A BFA cannot override:
• Child support assessments
• Parenting arrangements
• Certain impracticable financial terms
Is a Prenup Worth It in Australia?
A prenup is beneficial when:
• One partner has higher wealth
• There is property ownership before the relationship
• There are children from prior relationships
• A partner expects an inheritance
• A partner runs a business
• One partner will reduce work for parenting
Prenups are risk management tools. They create clarity and reduce future disputes.
Learn more:
👉 https://www.adamsunited.com.au/prenuptial-agreement-australia/
Cost of a Legally Binding Prenuptial Agreement
Court disputes commonly cost $20,000–$150,000+.
A fixed-fee BFA is significantly more cost-effective.
See current pricing:
👉 https://www.adamsunited.com.au/binding-financial-agreement-prenups/
Steps to Make a Prenuptial Agreement Legally Binding
- Initial consultation
- Financial disclosure exchange
- Drafting
- Independent legal advice
- Signing with certificates
- Secure storage
Independent legal advice service page:
👉 https://www.adamsunited.com.au/independent-legal-advice/
Fixed-Fee Prenuptial Agreements | Adams United Lawyers
We provide:
• Fixed-fee drafting
• Independent legal advice
• Nationwide service
• Fast turnaround
• Legally compliant BFAs
Book or contact us:
👉 kadams@adamsunited.com.au
👉 https://www.adamsunited.com.au/binding-financial-agreement/
