Prenup Lawyers

What You Should Look for When Hiring a Prenup Lawyer

When hiring a prenup lawyer, you will want to know that if they are a specialised divorce lawyer that has previous experience drafting prenups.

Prenups don’t have the best reputation in Australia.

This is largely because many legal practitioners may ‘dip their toes’ in the world of prenups and offer it as a service, but aren’t familiar with the latest laws surrounding them.

It is really important that you engage a law firm that is proficient in prenups, and have the experience to assure you that the agreement will be binding.

“Hayder was very knowledgeable and helpful in providing a brief overview of the status my legal matter. The questions were answered succinctly & honestly.“ – Danny Simmons

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How Does a Prenup Work

To ensure a valid and binding prenuptial agreement in Australia, follow these key steps in order:

Lawyers will then inform their clients about how the prenup affects their rights, including its advantages and disadvantages.

Initially, each party must seek independent legal advice from a lawyer specialising in prenuptial agreements to understand their rights.

The legal advice also encompasses the necessity of the agreement and the fairness of the proposed property division within the prenup.

Each party needs to prepare basic financial and personal information for their lawyer, including assets, liabilities, employment, and salary details.

This preparation includes providing the most recent tax return and bank statements, along with preferences for property division in case of a relationship breakdown.

What is a Prenup

A prenuptial agreement in Australia, commonly known as a prenup, is a document that governs how your assets will be distributed if you and your partner separate. The legal term for a prenup is a binding financial agreement.

At any stage of relationship, couples can enter into a binding financial agreement. It’s not possible to enter into a prenup if there’s already a valid prenup with another person.

Essentially, it lists all the property and any debts that each person owns and then outlines each person’s property rights after the marriage. Prenup is a written contract that establishes each person’s financial standing and how finances will be split after a separation.

Both parties intending to enter into a prenup must ordinarily reside in Australia. Each party must also obtain Independent Legal Advice from different lawyers working in different law firms. The lawyers must also sign a certificate confirming that the advice, as required by the Family Law Act 1975 (Cth), was given to their client before their client signed the Agreement.

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				I recently had a few consults with Harpreet Bawa. I consulted Harpreet after an extremely unsatisfactory experience with Unified Lawyers. Sadly, my representation by one of the team at Unified Lawyers, confirmed the negative stereotype, that lawyers only care about money and have no qualms fleecing even the more financially vulnerable. In stark contrast, my experience with Harpreet and Justice Family Lawyers, has renewed my faith in the legal profession. In my opinion, Harpreet is very knowledgeable in legal matters and was also really patient and articulate, in explaining processes, in detail, to a layman (such as myself). But more importantly, Harpreet has clearly managed to maintain his integrity in a field, in which (I am told) it is quite difficult to do so.
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Lyndall Nash
23/05/25
				I want to sincerely thank Justice Family Lawyers for their professionalism, support, and guidance during this challenging time in my life. From the very beginning, the team provided clear legal advice, helping me navigate a complex situation with confidence. Their responsiveness and attention to detail ensured that I fully understood my options, and their expertise gave me peace of mind throughout the process. I truly appreciate their dedication and commitment to achieving the best possible outcome. The level of care and professionalism they demonstrated exceeded my expectations, and I highly recommend Justice Family Lawyers to anyone seeking reliable and compassionate legal assistance.
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Jacobo P
25/03/25
				Excellent service, very understanding and knowledgeable.
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Barnaby Andrews
03/12/24

				I worked with Hayder and his team on my legal matter, and I was impressed by their professionalism and attentiveness. They truly listened to my concerns and understood exactly what I needed. I highly recommend their services.
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Disinga Katonibau
18/10/24
				Julianne helped my partner with a criminal matter at the last minute, without any hesitation. Her clear advice was invaluable during a time when we felt lost and unsure of what to do. Even after the case was resolved, she took the time to check in on us, which meant so much. If you’re looking for a lawyer who not only gets the job done but also shows genuine care and empathy, I highly recommend Justice Family Lawyers.
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Melissa Rizzo
21/09/24
				I worked with Hayder and his team on my legal matter, and I was impressed by their professionalism and attentiveness. They truly listened to my concerns and understood exactly what I needed. I highly recommend their services.
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Disinga K
20/09/24