Most law firm blogs give you a generic definition, a few dot points, and a phone number.
This guide isn’t that.

This guide is a transparent, experience-based explanation of how prenups work in Australia — legally, emotionally, financially, and practically.

Because the truth is this:

👉 No one gets a prenup because they plan to break up.
👉 They get one because life is unpredictable, people change, finances evolve, and love is stronger when decisions are made calmly — not in crisis.

If you’re reading this, you’re not “being dramatic.”
You’re being smart, protective, and future-focused.

And in Australia’s current financial climate, that’s survival, not suspicion.


What a Prenup Really Is — And Why Australians Are Finally Asking for Them

A prenuptial agreement in Australia is a Binding Financial Agreement (BFA) made under:

  • s 90B — before marriage ( activates if and when you marry, does not protect in premartial relationships)
  • s 90UB — before entering a de facto relationship
  • S 90UC – During a de facto relationship

But a prenup is not just a legal document.
It’s a:

  • financial plan
  • relationship boundary
  • risk management strategy
  • protection for your future self
  • shield against the worst-case scenario
  • agreement that removes uncertainty

And in 2025, prenups are no longer “for the rich.”
They’re for:

  • First-home buyers
  • Couples combining finances
  • Blended families
  • Business owners
  • People with future inheritance
  • Anyone whose parents are contributing a deposit
  • People who have already gone through a bad separation

Prenups have become a normal part of modern Australian relationships.


The Emotional Side of Prenups (No Firm Ever Talks About This)

No lawyer ever says this, so I will:

👉 Prenups can prevent resentment.
👉 Prenups give couples security and fairness.
👉 Prenups are not unromantic — they’re protective.

Because let’s be honest:

Money is one of the biggest causes of relationship breakdown.
Not sex.
Not cheating.
Not arguing about chores.

Money.
Security.
Power.
Expectations.

A prenup forces couples to have conversations that healthy relationships SHOULD have:

  • What are we building?
  • What do we own?
  • How do we protect it?
  • How do we handle debt?
  • Who contributes what?
  • What happens if one person becomes a stay-at-home parent?

These are “love language” conversations — the kind that build trust, not destroy it.


Exactly What a Prenup Covers (Real, Practical Australian Scenarios)

Here’s what a prenup actually does in REAL Australian life:

✔ You own a home already

The prenup protects it, regardless of who pays what later.

✔ You’re receiving an inheritance

Protected — legally, clearly, permanently.

✔ Your parents helped with a deposit

A prenup preserves their contribution as YOUR contribution.

✔ You move into your partner’s home

Stops the “I lived there for 4 years, so I deserve 50%” argument.

✔ One partner earns much more

Your financial plan stays fair and predictable.

✔ One person becomes a stay-at-home parent

Future income differences are safely accounted for.

✔ You renovate a property

Ensures contributions are acknowledged proportionately.

✔ You want to avoid court

A prenup legally stops the need for court in 99% of cases.

This is the real power of a BFA — not the bullet points.


Why Most Prenups Fail — And Why Ours Don’t

The Court has only overturned prenups because:

  • One person had no real choice
  • The agreement was rushed before a wedding
  • The advice was inadequate,
  • The document was copied from a template,
  • There was poor drafting
  • Assets weren’t properly disclosed

Adams United Lawyers‘ BFAs include:

✔ emotional pressure screening
independent advice for BOTH parties
✔ correct s 90B/90UB/90UC compliance
✔ financial disclosure checklists
✔ dual certifications
✔ clear, balanced terms
✔ evidence logs
✔ protection against future challenges

We write BFAs the way the High Court/Family Court expects — and that’s why ours stand.


Why 2025 Is the Biggest Year for Prenups in Australian History

Here’s what’s changed:

🟩 1. Property prices

People want to protect what they worked hard for.

🟩 2. Parents giving financial assistance

Mum and Dad don’t want their deposit lost in a separation.

🟩 3. Cost of living

Splitting assets can ruin people financially — they want certainty.

🟩 4. Rise in blended families

People want to protect children from previous relationships.

🟩 5. Business growth

Entrepreneurs protect their future earnings

🟩 6. One-sided contributions

If one partner sacrifices career progression for the relationship, a prenup can actually PROTECT the lower-income partner.

Prenups aren’t just about keeping money — they’re about fairness.


The Prenup Process (Done Properly — Not Rushed)

Here’s the reality:

A prenup shouldn’t be rushed or forced.
It should be planned, calm, and transparent.

Our process:

1. Strategy call/Intake

We talk through goals, assets, fears, and intentions.

2. Full drafting

Clear, protective, and balanced.

3. Review meeting

You modify anything — unlimited revisions.

4. Independent legal advice

Your partner receives proper advice, not a 10-minute rushed phone call.

5. Signing

The agreement becomes immediately binding.

6. Ensure full compliance with provisions in the Family Law Act 1975


How Much Does a Prenup Cost in 2025 (And Why Fixed Fee Matters)

Firms charge:

💰 $3,000–$7,500 drafting
💰 $1,200–$2,500 review/independent advice

I had one client tell me that she received a quote of 14,00 dollars, which blew my mind.

We charge:

$2,200 fixed fee including GST

Independent legal advice: $990 (referral option)

No hourly billing.
No hidden extras.
No “$400 for an email.”

Just transparent, simple, predictable pricing.

Read more – Prenup costs


Should You Get a Prenup? (Straight Answer — No Legal Spin)

If ANY of these apply, the answer is yes:

✔ one partner has more assets
✔ you own a home
✔ your parents are helping financially
✔ you have a business
✔ you want clarity
✔ one partner will be caring for kids
✔ you’re moving into your partner’s home
✔ you’ve been hurt before
✔ you want a peaceful, secure relationship
✔ you just want to protect the future

A prenup doesn’t mean you don’t trust them.
It means you trust YOURSELF to safeguard your future.


Adams United Lawyers — Why Australians Choose Us

🌟 National fixed-fee prenup lawyers

🌟 High Court case experience

🌟 Fast 72-hour turnaround

🌟 Trauma-informed, respectful and confidential

🌟 Legally sound, challenge-resistant BFAs

🌟 We explain everything — no legal jargon

🌟 Five-star rated by our client, we genuinely care

We make prenups simple, protective, and empowering.


Final Takeaway: A Prenup Isn’t About Ending a Relationship — It’s About Strengthening It

A prenup gives couples:

  • clarity
  • fairness
  • protection
  • financial confidence
  • emotional security
  • a plan for whatever life throws your way

That is not unromantic.
That is love with boundaries.
That is responsibility.
That is maturity.

And that is 2025.


Adams United Lawyers

Est 2007. Experienced lawyers who know the law and how to apply it correctly.

 

 

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