Prenups in Australia: A Plain-English Guide to Binding Financial Agreements
12 October 2026 · 6 min read
In Australia, what most people call a "prenup" is legally a Binding Financial Agreement (BFA). It lets a couple agree in advance how property and finances would be divided if the relationship ends — instead of leaving it to the court.
What is a Binding Financial Agreement?
A Binding Financial Agreement is made under the Family Law Act 1975 (Cth). Married couples and couples planning to marry use the provisions in Part VIIIA, and de facto couples use Part VIIIAB. The agreement can be made before the relationship starts, during it, or after separation.
What can a prenup cover?
A BFA can deal with how assets, debts and financial resources are divided, including:
- The family home and other real estate
- Superannuation (with special procedural requirements)
- Businesses, shares and investments
- Inheritances and gifts from family
- Spousal maintenance
Why each partner needs their own lawyer
For a BFA to be binding, each party must receive independent legal advice from their own lawyer about the effect of the agreement on their rights and its advantages and disadvantages, and each lawyer signs a statement confirming that advice was given.
The same lawyer cannot advise both partners. At Ask My Lawyer, our lawyer advises and drafts for one partner only — the other partner must get separate independent advice.
Can a prenup be set aside?
Yes. A court can set aside an agreement in certain circumstances, such as fraud, failure to disclose assets, unconscionable conduct or the formal requirements not being met. Full and honest financial disclosure and proper legal advice make an agreement far more robust.
How the process works online
With Ask My Lawyer you answer a guided questionnaire about your relationship, assets and goals, then meet a verified Australian family lawyer by video. Your lawyer prepares the draft, you review it, and the final version comes with signing instructions. A draft is never an executed agreement — it only takes effect once properly signed with independent advice on both sides.
Talk it through with a verified lawyer
Answer a few questions, pick a time, and meet an Australian lawyer by video.
Start your prenupFrequently asked questions
Is a prenup legally binding in Australia?
Yes, a Binding Financial Agreement is legally binding if it meets the Family Law Act requirements, including independent legal advice for both parties, though a court can set it aside in limited circumstances.
Can we sign a prenup after we're married?
Yes. A BFA can be made before marriage, during the marriage, or after separation.
Do de facto couples need a different agreement?
De facto couples make agreements under Part VIIIAB of the Family Law Act. The concept is the same, but the agreement must refer to the correct provisions.
This article is general information only and is not legal advice. Laws vary between states and territories and change over time — speak with a lawyer about your circumstances.