Prenup Lawyers Melbourne

Getting advice is important for a number of reasons, and it’s also a legal requirement under section 90G of the Family Law Act (1975). It’s important because both parties need to be able to make informed decisions about how the agreement can affect their financial future, be sure of the advantages and disadvantages, and understand their rights and obligations. 

There are also many instances in which one party may have significantly more resources and/or financial awareness, imbalances of power may exist or a person may feel pressured into agreeing. Ensuring both people have their own legal advice helps to address these factors. Both parties will need to have a signed statement confirming that they have both consulted with their own lawyers, and exchange this with the other party, for the agreement to be valid.

Have a mutual discussion with your partner to understand each other’s financial situation, including assets and debts, and goals for the prenuptial agreement. From here, engage a qualified prenup lawyer who understands the legal framework surrounding prenups to guide you through the process.

Both parties will need to provide details of their financial situation in full to their lawyers, and negotiate on the terms of the agreements. Your lawyer will draft the prenup, either independently or with the assistance of other prenup lawyers and financial advisors, to detail the division of assets, liabilities, and financial obligations in the event of the relationship ending.

Both parties must obtain independent legal advice from separate lawyers to review the drafted agreement and ensure each party understands their rights and obligations under the contract before signing it. The entire process can take anywhere between weeks to months in Melbourne, which will depend on the information gathering process, complexity of assets involved, how long negotiations take and the time it takes to draft an agreement.

When organising a prenup, both parties must provide completely accurate financial details, in the same way that would be necessary during a divorce or separation property settlement. Your lawyers can guide you through this process, and it’s often necessary to get third-party assistance from financial advisors, taxation specialists or valuers if there are any assets that require a clear valuation. It’s essential to get this step right, not just for transparency and fairness, but because a lack of clear disclosure on either side can lead to agreements being set aside later on, in line with section 90k of the Family Law Act (1975).

Costs for preparing a prenuptial agreement in 2026 in Melbourne will, as always, depend on how complex finances of both parties are, and the time taken to negotiate an agreement. The total cost will include legal fees for advice and drafting, as well as both parties having independent legal advice. Simple agreements may cost around $10,000, more detailed agreements around $15,000-$25,000 and complex agreements between $25,000-$50,000+. Additional fees can apply for the services of accountants and financial advisors who are involved in the process.

Postnuptial agreements (postnup) are similar to prenups but are created after a marriage or de facto relationship started.

Yes, but de facto couples enter financial agreements under Part VIIIAB of the Family Law Act to manage future financial arrangements, or relevant state laws in Western Australia. It’s also important to note that under s90UJ(3), a Part VIIIAB (de facto) financial agreement ceases to be binding if the parties later marry each other – so make sure you get advice about entering a new agreement under  90B before the wedding.

Binding financial agreements (and prenups) are legally recognised under the Family Law Act 1975, allowing couples to make decisions and set out how financial and property matters are dealt with if they separate. The Act recognises agreements made before a marriage (s90B) or de facto relationship (s90UB), during marriage (s90C) or a de facto relationship(s90UC) and after a divorce (s90D) or de facto separation (s90UD). To be binding they must meet the requirements set out in s90G and s90UJ respectively. There are different laws for de facto couples in Western Australia, because the state has different guiding laws for de facto relationships.

Yes, any type of financial agreement, including a prenuptial, can be set aside in line with section 90K, or 90UM, of the Family Law Act (1975). Fraud, lack of financial disclosure, a lack of independent legal advice, duress, lack of genuine consent (or ability to give consent) are also important factors that can see a prenup set aside.

You can draw up what you’d like to have in your prenuptial agreement with your partner, but unless it meets all of the relevant requirements, such as  correct drafting and independent legal advice for both parties, it will not be legally recognised in the same way a binding financial agreement is, but it may still be considered by the courts in some circumstances.

Binding financial agreements and Wills serve different purposes, and a BFA does not automatically override a will. Financial agreements specifically address the division of assets upon separation, while a Will deals with asset distribution after death. Both should be considered together, as a financial agreement can n some instances continue after death of either party. It’s a good idea to update your Will and estate planning documents when you have any significant life or relationship changes, as well as death or disability beneficiaries for any insurance or superannuation policies.

There is no legally specified timeframe, but signing well before the wedding is a good idea, to prevent any pressure or duress that may occur during the lead-up to the wedding.

A skilled prenup lawyer will consider changes in future circumstances when drafting a financial agreement, because many factors can influence the enforceability of an agreement, including material changes, which may occur when a couple has children, under s90K(1)(d) of the Family Law Act 1975. If you have any doubts about your current prenup in light of changes, get in touch with our Melbourne prenup lawyers to get some advice about your situation.