Legally Binding Process Explained Under the Family Law Act
Introduction
A prenuptial agreement in Australia is formally known as a Binding Financial Agreement (BFA). When drafted correctly, it provides certainty about how property, superannuation and financial resources will be divided if the relationship ends. The process is regulated by the Family Law Act 1975, and each step must be completed correctly to ensure the agreement is legally enforceable.
This guide explains the exact steps to get a prenup in Australia in 2026, what documents you need, how long it takes, and how to ensure your agreement remains binding.
For a full overview of prenups, see our main guide:
👉Prenup Australia | Fixed-Fee Binding Financial Agreements | Adams United Lawyers
What You Need Before Starting a Prenup
Before drafting begins, both partners should have:
• A list of assets and liabilities
• Bank statements
• Superannuation balances
• Business and trust documents
• Recent property valuations
• Details of inheritances (current or expected)
• Any relevant financial agreements from previous relationships
Full disclosure protects the agreement from future challenge.
See our BFA page for details on disclosure:
👉 https://www.adamsunited.com.au/binding-financial-agreement/
How to Get a Prenup in Australia Step-by-Step
Step 1: Initial Consultation With a Family Lawyer
The process begins with a confidential consultation. A lawyer explains:
• What a prenup can protect
• What it cannot control
• How BFAs work under the Family Law Act
• What disclosure is required
• The drafting and signing process
• Timeframes and costs
This ensures both partners understand the purpose and legal effect.
Step 2: Exchange of Full Financial Disclosure
Both parties must disclose:
• Assets
• Liabilities
• Super balances
• Income
• Trust interests
• Business records
• Investments
Disclosure ensures fairness at the time of signing and strengthens enforceability.
Step 3: Drafting the Agreement
A lawyer drafts a Binding Financial Agreement tailored to your circumstances.
The agreement typically outlines:
• Which assets remain separate
• How joint assets will be handled
• Superannuation arrangements
• Treatment of business interests
• Inheritance protection
• Financial arrangements during the relationship
• Financial outcomes if separation occurs
The draft is then reviewed by both parties.
Fixed-fee drafting available here:
👉 https://www.adamsunited.com.au/binding-financial-agreement/#fixedfee
Step 4: Independent Legal Advice for Each Partner
This is one of the most important requirements under the Family Law Act.
Each partner must receive separate legal advice on:
• The effect of the agreement
• Their rights under the Act
• Advantages and disadvantages of signing
• Whether the terms reflect fairness
• Whether any amendments are recommended
The lawyer must then sign a Certificate of Independent Legal Advice.
Learn more here:
👉 https://www.adamsunited.com.au/independent-legal-advice/
Without these certificates, the prenup is not binding.
Step 5: Signing the Agreement
Once both parties receive independent legal advice, the agreement is:
• Finalised
• Signed by both parties
• Accompanied by legal certificates
• Properly recorded and stored
No witnesses are legally required, but secure storage is essential.
Step 6: Keep the Agreement in Secure Records
Each partner should store:
• The signed agreement
• The legal advice certificates
• Disclosure documents
• Valuations and supporting evidence
These records are important if the agreement is ever challenged.
How Long Does a Prenup Take in Australia?
The standard timeframe is:
• Simple agreements: 1–2 weeks
• Complex agreements (business/trusts): 2–4 weeks
Urgent agreements can be completed faster, but rushing increases the risk of challenge. It is best to start the process well before marriage or cohabitation.
How Much Does a Prenup Cost?
Legal fees vary depending on complexity.
Fixed-fee prenups through Adams United Lawyers are often more cost-effective than market averages.
See current pricing:
👉 https://www.adamsunited.com.au/binding-financial-agreement/#fixedfee
Compared with litigation costs of $20,000–$150,000+, a prenup provides substantial financial protection.
Is a DIY or Online Prenup Valid?
DIY prenups and online templates are rarely enforceable.
They often fail to meet the strict requirements of the Family Law Act because they lack:
• Proper disclosure
• Independent legal advice
• Correct drafting
• Legal effect explanations
• Updated legislation compliance
Courts routinely set aside templated agreements.
What Happens If You Don’t Get a Prenup?
Without a BFA:
• Assets may be redistributed
• Inheritances may be included in the property pool
• Business growth may be shared
• Superannuation may be adjusted
• Financial uncertainty increases
• Litigation becomes more likely
A prenup provides clarity and prevents future conflict.
Fixed-Fee Prenuptial Agreements | Adams United Lawyers
We provide:
• Fixed-fee drafting
• Independent legal advice
• Full disclosure guidance
• Fast turnaround
• Legally enforceable agreements
• Nationwide service
Contact Us:
kadams@adamsunited.com.au
https://www.adamsunited.com.au/binding-financial-agreement/
