Adams United Lawyers are leading specialists in drafting and reviewing prenuptial agreements.
Most people searching for a prenuptial agreement in Australia are not trying to be difficult.
They are trying to be responsible.
They want certainty, fairness, and protection, not conflict.
Yet most online information about prenups is either:
- Overly legal and confusing
- Outdated
- Written to scare you
- Or designed to sell you a cheap template that won’t actually hold up in court
This guide is different.
It explains how prenuptial agreements really work in Australia, when they succeed, when they fail, and what courts actually care about — in plain English.
What Is a Prenuptial Agreement in Australia?
In Australia, a “prenup” is legally called a Binding Financial Agreement (BFA).
It is governed by the Family Law Act 1975 and allows couples to decide in advance how property, assets, debts, and financial resources will be divided if the relationship ends.
Prenups can be used by:
- Couples about to marry
- Couples entering a de facto relationship
- Couples with children from previous relationships
- Business owners
- Professionals with unequal assets
- People expecting future inheritance
A properly drafted prenup can override what a court would otherwise decide.
But only if it is done correctly.
Are Prenuptial Agreements Enforceable in Australia?
Yes — but only when strict legal requirements are met.
Australian courts do not automatically enforce prenups.
They enforce properly prepared prenups.
For a prenuptial agreement to be binding, it must:
- Be in writing
- Be signed by both parties
- Be entered into voluntarily
- Include independent legal advice for each person
- Include signed certificates confirming that advice
- Be fair in process (not necessarily equal in outcome)
If any of these steps are rushed, skipped, or poorly handled, the agreement can be challenged — sometimes years later.
Why Do Prenuptial Agreements Get Set Aside?
This is where many lawyers won’t be honest.
Prenups fail not because people “change their minds”.
They fail because the process was flawed.
Common reasons courts set aside prenups include:
- Pressure or last-minute signing
- Power imbalance
- Inadequate disclosure of assets
- Poor legal advice
- Template or DIY agreements
- Failure to consider children
- Failure to consider future changes (career sacrifice, illness, parenting)
Courts care far more about how the agreement was made than whether it feels fair years later.
What Can a Prenup Protect?
A well-drafted prenuptial agreement can protect:
- Property owned before the relationship
- Businesses and professional practices
- Inheritances and gifts
- Family trusts
- Superannuation interests
- Future earnings structures
- Contributions made by one party
- Debt responsibility
It can also limit or exclude spousal maintenance in many circumstances.
What a Prenup Cannot Do
A prenup cannot:
- Determine child support
- Override the best interests of children
- Be used to financially trap or punish someone
- Ignore future realities entirely
Any agreement that pretends life will never change is vulnerable.
Courts expect foresight — not perfection.
Prenup vs Court Property Settlement: What’s the Difference?
Without a prenup, courts apply a four-step process:
- Identify all assets and liabilities
- Assess contributions (financial and non-financial)
- Consider future needs
- Decide what is just and equitable
With a valid prenup, that process is bypassed.
That is why courts scrutinise prenups closely — because they remove judicial discretion.
Do You Need a Lawyer for a Prenup in Australia?
Yes. Legally. Absolutely.
Without independent legal advice for each party, a prenup is not binding.
More importantly:
- Cheap legal advice often becomes very expensive later
- Template agreements are the most commonly overturned
- Courts can tell when advice was rushed or generic
A prenup should read like a tailored legal instrument, not a form.
Are AI or Online Prenups Valid in Australia?
This is a growing question.
AI-generated prenups and online templates may look professional, but they carry serious risk.
AI tools cannot:
- Assess power imbalance
- Detect coercion
- Tailor advice to your personal risk
- Certify independent legal advice
- Predict how courts will interpret fairness
Some people use AI as a starting discussion tool — but it should never replace proper legal drafting and advice.
When Is the Best Time to Get a Prenup?
Earlier than you think.
Best practice is:
- Several months before marriage
- Well before wedding expenses are locked in
- With time for negotiation and reflection
Last-minute prenups are one of the biggest red flags courts look for.
Is a Prenup Worth It?
For many couples, yes.
A well-drafted prenup can:
- Prevent future litigation
- Save hundreds of thousands in legal fees
- Reduce emotional damage
- Protect children from previous relationships
- Provide clarity during already stressful times
It is not about planning to separate.
It is about planning responsibly.
Final Word: Prenups Are Not About Distrust
They are about transparency.
They are about protecting everyone involved — including future children.
And they are about making decisions when you still care about each other, not when you are hurt, angry, or afraid.
If you are considering a prenuptial agreement in Australia, the quality of the advice and drafting matters far more than the price.
Want Proper Advice on a Prenup or Binding Financial Agreement?
Adams United Lawyers provide:
- Fixed-fee prenuptial agreements
- Independent legal advice
- Australia-wide service
- Fast turnaround
- Clear, practical advice
📞 1800 407 792
Speak with a senior family lawyer before you sign anything.
