Prenuptial and Postnuptial Agreements in Sydney
1000 + Reviews
Planning your future means protecting it. Whether you're about to get married or already are, a legally binding financial agreement can give both partners certainty, security, and confidence in what lies ahead.
Prenuptial and Postnuptial Agreements in Sydney
Planning your future means protecting it. Whether you’re about to get married or already are, a legally binding financial agreement can give both partners certainty, security, and confidence in what lies ahead.
1000 + Reviews
Clarity, protection and peace of mind before and after marriage.
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Family law advice for your next step
Discuss divorce, parenting and property questions with the Jameson Law team. Contact us to explain your situation and ask how we can assist.
Client-Focused Divorce Solutions
Tell us what matters to you and your family. Ask about the options, documents and next steps relevant to your circumstances.
Speak with our family law team
Contact our team with your family law enquiry. We can discuss availability, the consultation process and costs before you decide how to proceed.
Arrange a family law consultation
Understanding Prenuptial and Postnuptial Agreements
In Australia, prenuptial and postnuptial agreements are legally known as Binding Financial Agreements (BFAs). These are written contracts that outline what happens to your assets, debts, superannuation and financial responsibilities if your relationship ends.
They’re more than just legal paperwork — they are a way to protect your future, your family, and your financial wellbeing. At My Divorce Lawyers, we work with individuals, couples, and families across Sydney to draft and formalise BFAs that are clear, enforceable and fair.
For couples entering marriage or already married, these agreements offer peace of mind and certainty, especially when one or both parties bring significant assets, business interests, children from previous relationships, or future inheritances into the relationship.
What Is a Binding Financial Agreement?
A Binding Financial Agreement is a private legal contract made under the Family Law Act 1975, and is designed to remove the need for court involvement in the event of separation or divorce.
Depending on when it is signed, it may be referred to as a:
Prenuptial agreement – made before marriage
Postnuptial agreement – made during marriage
De facto financial agreement – for couples not legally married
It outlines how property will be divided, whether spousal maintenance will be paid, and what each party is entitled to.
While commonly associated with wealthy individuals, BFAs are increasingly used by everyday Australians who value clarity and proactive planning.
Key Points:
A prenup is made before marriage; a postnup is made during marriage.
Both are legally recognised as Binding Financial Agreements under the Family Law Act.
They must be in writing, voluntarily signed, and based on full disclosure.
Each person must receive independent legal advice.
A well-drafted BFA can prevent costly disputes if the relationship ends.
Family Law Act – Financial Agreements
What Can Be Included in a Financial Agreement?
A BFA can include a wide range of financial terms, such as:
How property is divided – including real estate, investments, businesses
Who keeps what assets or liabilities
Treatment of inheritances or family gifts
How superannuation will be split
Whether spousal maintenance will be paid — and how much
Debt responsibility, including credit cards, mortgages and loans
Protection of children’s interests from previous relationships
It cannot cover parenting arrangements or child custody — those are handled separately through parenting plans or consent orders.
Are These Agreements Legally Binding?
Yes — but only when all legal requirements are strictly followed.
To be binding, the agreement must:
Be in writing and signed by both parties
Be accompanied by a certificate confirming that both parties received independent legal advice
Not be obtained by fraud, duress, or undue influence
Include full financial disclosure by both parties
Be considered fair and equitable under the circumstances
If any of these elements are missing, a court can set aside the agreement.
FCFCOA – Financial Agreements Explained
Can a Financial Agreement Be Challenged?
Yes. While BFAs are designed to avoid court proceedings, they can be challenged if:
One party signed under pressure, or without proper legal advice
There was a failure to disclose important financial information
The agreement is “grossly unfair” or no longer practical
A major change in circumstances occurred (e.g., birth of a child, illness)
These cases are not common, but they do occur. We regularly assist both parties who wish to challenge, enforce, or renegotiate an agreement.
Contesting a Financial Agreement
Who Should Consider a Prenup or Postnup?
You should consider a BFA if you:
Are getting married and have assets you want to protect
Have children from a previous relationship
Are starting or already own a business
Expect to receive a significant inheritance
Are entering a relationship with unequal financial circumstances
Want to avoid future disputes or court proceedings
You don’t need to be “wealthy” — you just need to value clarity, fairness and future planning.
Timing: When Should You Start the Process?
Ideally, prenuptial agreements should be discussed well before the wedding to avoid the appearance of pressure or last-minute signing. For postnuptial agreements, the earlier the better — especially if you’re blending families or growing your asset base.
We recommend allowing several weeks for negotiation, legal advice, drafting, and finalisation — especially if international assets or trusts are involved.
Our Approach at My Divorce Lawyers
We offer clear, honest advice to help you make the right decision. Whether you need a fresh agreement, a review of one you’ve been asked to sign, or support enforcing or challenging a document — we will guide you with discretion and experience.
Drafting new Binding Financial Agreements
Reviewing agreements for legal fairness
Challenging or enforcing existing prenups
Strategic protection for business owners and blended families
Transparent pricing and step-by-step support
We focus on prevention, not litigation — and help you secure your future from day one.
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FAQs
Frequently Asked Questions
Answers to common questions about the Prenuptial and Postnuptial Agreements, legal rights, and next steps.
No. Only a written, signed document with proper legal advice is enforceable.
No. Independent legal advice is required for each person to protect fairness.
The terms of your BFA will determine how assets and obligations are handled.
No. Parenting decisions must be made separately under family law.
Yes. Both parties can sign a new agreement or formally revoke the old one — with legal advice.
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