Prenup Lawyers Melbourne

To obtain a legally binding prenuptial agreement (known in Australian law as a Binding Financial Agreement) you need to:

• Speak with a family lawyer to discuss what you want the agreement to cover.
• Have the agreement drafted, typically by one party’s lawyer.
• Have the other party obtain independent legal advice from a separate qualified lawyer.
• Both parties sign the agreement, accompanied by signed statements from both lawyers confirming that independent legal advice was provided.

At Pearsons, we manage the entire process, ensuring both parties have met the requirements for their BFA to be legally binding.

In our experience, most prenuptial agreements are completed within four to eight weeks from the initial instruction, provided both parties are co-operative and both obtain legal advice promptly. The main variable is timing: the agreement must be executed before the marriage takes place, so we recommend starting the process at least three months before your wedding date to allow for drafting, review, any negotiation, and proper execution. Rushed agreements carry legal risk, courts can set aside agreements that appear to have been signed under pressure or without adequate time for consideration.

The cost of a prenuptial agreement at Pearsons depends on the complexity of the assets involved and the level of negotiation required. A straightforward agreement for a couple with relatively simple asset structures will be considerably less expensive than one involving business interests, significant property portfolios, or superannuation arrangements. We provide a fixed-fee estimate after your initial consultation, once we understand the full picture. Your first appointment is free, and there is no obligation to proceed. Call 1300 699 688 to discuss.

Yes, and not just one lawyer, but two. Under section 90G of the Family Law Act 1975, a financial agreement made before marriage is only legally binding if both parties have received independent legal advice from qualified Australian lawyers before signing. If this requirement is not met, the Federal Circuit and Family Court of Australia can set the agreement aside. This means that online template prenups or agreements prepared without proper independent advice carry significant risk. The cost of getting it right the first time is considerably less than the cost of litigation later.

Yes, a prenuptial agreement can be challenged, but a properly prepared agreement is very difficult to set aside. The Family Law Act 1975 sets out the specific grounds on which a court may void a BFA, including fraud or failure to disclose material information, duress, unconscionable conduct, or a material change in circumstances relating to the care of a child of the relationship that would cause hardship. If the agreement was properly drafted, both parties received independent legal advice, and all disclosures were made honestly, the risk of a successful challenge is low. Pearsons’ drafting process is specifically designed to eliminate these vulnerabilities.

Yes. Under Part VIIIAB of the Family Law Act 1975, de facto couples (including same-sex couples) can enter into Binding Financial Agreements governing their finances. The requirements are similar to those for married couples, both parties must receive independent legal advice and sign the agreement with solicitor certificates attached. The agreement can be made before, during, or after the de facto relationship. If you are in or about to enter a de facto relationship and wish to protect your assets, Pearsons can advise you on the appropriate form of agreement.