What Can I Put In A Prenup?

Things to consider for your Prenup

There are several provisions you should keep in mind when meeting with your lawyer to discuss what to include in a BFA.


Some provisions include:


  • A list of the property, assets, resources and liabilities you each own at the start of the relationship, together with their value
  • What you want to happen to your separate property, assets, resources and liabilities during the course of the relationship
  • How property, assets, resources and liabilities will be divided if the relationship breaks down
  • The effect of children on the provisions of the agreement, such as their impact on division of property
  • Whether wages or income will be combined or separate
  • Who pays for the rent or mortgage, and, if both, whether this is equally divided
  • What will happen if one party becomes unable to pay their share of the rent of mortgage
  • The effect of one party becoming a stay at home parent or working part-time, and how this will affect access to income
  • Whether spousal maintenance will be payable if the relationship breaks down


The provisions in a BFA are unique to each couple and dependent upon their financial circumstances.



A prenup is an agreement between de facto or soon to be married couples. If the agreement is made according to law, the correct legal term is a Binding Financial Agreement (BFA).


This BFA constitutes a Contract between the couple to the relationship.


There are different types of BFA’s depending on what stage of a relationship you are in. Please contact us if you would like more information about this.

How To Get A Divorce?
Application for Divorce
How much does a divorce cost?
How Long Will It Take For My Divorce To Be Finalised?
Do I Have To Attend Court To Get A Divorce?
What is a Divorce Hearing?
How to get a divorce in Australia if married overseas?
Divorce Counselling
Should I Change my Will After a Divorce?
Child Custody
What are the best interests of the child?
Where Will My Children Live?
What is equal shared parental responsibility in Australia?
Sole Parental Responsibility
Visitation Rights
Changing A Child Custody Agreement
Child Relocation After Divorce
How To Prevent My Child Going Overseas?
What is Supervised Contact?
Child Passport After Divorce
Property Settlement
How Much Will I get?
Will I Receive 50% of Everything?
Coming To An Agreement Outside Of Court
Do I Pay Stamp Duty To Transfer My Property After A Divorce?
Financial Agreements
What is a Prenup?
What Can I Put In A Prenup?
Is It Too Late For A Prenup?
What Are The Pros and Cons of Financial Agreements?
What Financial Agreements Are There?
How Do I Make Sure My Agreement Is Binding?
How Can I Get A Prenup Set Aside?
Consent Orders
Why do I need Family Court Consent Orders?
Application for Consent Orders
Breach of Consent Orders
Child Support
What is Child Support?
Apply for Child Support
Child Support Calculation
Changing Child Support
Family Mediation
5 Tips to Help Prepare for Family Mediation
What is a s60i Certificate?
Going to Court
Starting An Application
Filing A Response
Can You Be Separated And Live In The Same House?
Domestic Violence
ADVO – Apprehended Domestic Violence Order
Remove My ADVO
What Is Child Abuse?
Father's Rights After Separation
Formalise Your Agreement
Tip's For Fathers
De Facto Relationships
Definition of De Facto Relationship
Rights in a de facto relationship
Contact us for your Free initial consultation. Available at our Sydney CBD office or on the telephone.