Prenup Lawyers Sydney
Our prenup lawyers create fair, legally sound prenuptial agreements to protect your finances and peace of mind. To find out how you can protect your assets before marriage or a de facto relationship, book a free 10-minute call.
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Our Sydney prenup lawyers will help you plan ahead with certainty
Getting into a new relationship brings with it a lot of things to think about, including both of your financial futures. Although prenups sometimes attract criticism, for many couples, they make a lot of sense. They allow both parties to have an honest discussion about money, their financial standing and how they see financial matters unfolding during a relationship, or if the relationship comes to an end.
We work with well established couples, couples who are just starting out, couples coming from different financial backgrounds and people entering into a second marriage who want to avoid going through messy property settlements again, while protecting their children’s inheritances. If you are considering having a prenuptial or cohabitation agreement drafted, get in touch with our team today for a chat about how we can help.
Understanding BFAs & prenuptial agreements in Australia
Binding Financial Agreements are known under many different names in Australia, including prenuptials (before marriage), postnuptials, family law financial agreements, cohabitation agreements and de facto financial agreements. They are all essentially written financial agreements made between couples before, during or after a marriage or de facto relationship that set out how assets, debts, superannuation and financial interests will be divided both while living together and in the event of a relationship breakdown.
Our Sydney prenup lawyers understand it can be a difficult talk to have, but we’ve also seen the peace of mind that many couples achieve early on by entering into a prenuptial, or de facto financial agreement. Aside from getting the big conversations out of the way early, having a BFA in place means that if things don’t work out at some stage in the future, that you won’t need to negotiate property and financial matters while processing the emotions and stress that come with a breakup.
What is a BFA or prenuptial agreement?
Entering into a prenuptial agreement, which is more formally known in Australia as a Binding Financial Agreement (BFA), is a way for couples to plan ahead and gain certainty about how their finances, property and obligations will be treated if the relationship ends, and experienced prenup lawyers can make a significant difference in ensuring those intentions are legally sound.
Financial agreements before a marriage are made under section 90B of the Family Law Act 1975 (Cth), and under section 90UB of the Family Law Act 1975 (Cth) for de facto couples, helping protect individual wealth, create clear financial expectations and reduce stress or disputes down the track. They are especially where there are substantial assets, generational wealth, business interests, inheritances or when either party has children from a previous relationship.
They can cover how money is managed while you are together, or after a breakup, or both. This may include any spousal maintenance paid, what happens to assets and what would happen in the event you have children together. Having a properly drafted BFA in place avoids going through settlement after a relationship breaks down, which allows both parties to move on with their lives without drawn out court matters or legal battles.
Before marriage or before moving in - when should you get a BFA?
The timing for getting a BFA is a choice that will require careful consideration from both parties, and be aligned with Australian family law principles. If you are planning to live together for a while before marriage, or in a de facto relationship without being married, it’s important to be aware of property rules for relationships in Australia. Generally speaking, de facto relationships of two years or more are eligible for property settlement entitlements.
However, if you have a child together, your relationship is registered under state law, or either party made significant financial or non-financial contributions, property settlement may still occur in line with section 90SB of the Family Law Act 1975 (Cth), even for short de facto relationships. That’s why it’s important to speak to an experienced prenup lawyer and ensure you understand if property settlement entitlements are likely in your current or proposed circumstances. If you are in a de facto relationship or planning to marry, having a BFA in place as early as possible can protect both parties and ensure clarity around financial matters.
How Can We Help You?
Prenuptial Advice
Our team provides clear, practical advice about your rights and responsibilities before drafting or signing a prenuptial agreement. We’ll explain your rights, risks and obligations, helping you to address matters with certainty and avoid costly misunderstandings later.
Negotiating Agreements
We provide support throughout the negotiation process to ensure your interests are protected, while maintaining a clear respectful approach. Our focus is on reaching solid agreements that both parties understand and agree with before drafting.
Drafting Agreements
We prepare meticulous binding financial agreements that reflect your circumstances and future intentions. We focus on clear terms and enforceability, helping to minimise the risk of disputes and give both parties peace of mind over how financial matters will be managed.
Reviewing Agreements
Before you sign an agreement, we carefully review your contract to identify risks, unclear terms or potential issues. We provide straightforward advice so you understand how the contract will affect you and if any changes need to be negotiated.
Independent Legal Advice
Independent legal advice for both parties is a requirement for prenuptial agreements to be valid and legally enforceable under the Family Law Act 1975. We will explain your rights, risks and obligations, ensuring you can make an informed decision about your future.
Amending & Terminating Agreements
When circumstances change, we assist with varying or terminating agreements. We ensure any variations meet legal requirements and reflect your current situation, maintaining fairness to reduce the risk of future disputes.
What can a Binding Financial Agreement cover?
A BFA can cover almost all financial matters during a relationship or in the event of a relationship breakdown. This includes the division of property, assets, superannuation, financial resources and debts are handled. It can also cover any spousal maintenance to be paid during the relationship, or after a relationship ends. It will often cover detailed steps about how any steps are made, whether transferring money, property, or what will happen if sales need to be made or refinancing occurs, and any associated tax or legal fees are managed.
BFAs can recognise either party’s interest in a trust and set out steps for how that interest will be treated if separation occurs. It cannot override the trust deed. Trusts can also deal with shares or ownership in companies, and set out how a business may be valued, retained or sold in the event a relationship ends. A BFA can also cover if any changes would be made in the event of children, and how expenses, assets or inheritances may apply. They cannot cover child support directly, but this can be done through a Limited or Binding Child Support Agreement if necessary.
The legal requirements for a valid BFA under the Family Law Act
Having a prenup drafted properly is absolutely crucial for its long-term success. There are also strict procedural requirements that must be met for a BFA to be legally enforceable, under section 90G of the Family Law Act 1975 (Cth). Without meeting these requirements, your agreement can be deemed unlawful and therefore unenforceable.
The following requirements must be met for a prenup (or any BFA) to be legally valid:
- Both parties must provide full disclosure of their financial position
- The agreement must be drafted properly
- Both parties must receive independent legal advice from a family or prenup lawyer
- A lawyer must sign certificates to show that independent legal advice is given
Beyond drafting and negotiating terms, a skilled prenup lawyer can help you understand the practical and legal implications of what you’re agreeing to, ensure the agreement meets your unique circumstances, and advise on how changes such as children, shifts in financial status or health matters may affect enforcement in the future.
Our experienced team at Justice Family Lawyers ensure these steps are correctly followed so the agreement is more likely to be upheld if ever scrutinised.
What makes a Binding Financial Agreement unenforceable?
There are a number of factors that can make a BFA unenforceable. If both parties have not received independent legal advice (or certificates are missing), or the agreement has been drafted incorrectly, it may not be able to be enforced. Even a missing signature or technical mistakes can affect the agreement’s validity. Most of all, it has to be practical and able to be enforced.
However, in the matter of Hoult vs Hoult (2012), the court had initially found their agreement not to be binding in 2011, due to the wife having not received legal advice. However, both parties were wanting to honour the agreement, and in 2012 the courts decided to uphold the agreement, because it would be unjust and inequitable not to do so, despite not being compliant with section 90G of the Family Law Act (1975). That’s where a great legal team really makes the difference with these types of agreements, and can save both parties from further issues down the line.
Beyond the drafting and procedural steps, there are other factors that can see a BFA set aside in court, as per section 90K of the Family Law Act 1975 (Cth). Both parties also need to be honest with each other and their lawyers about their personal financial situation when the agreement is drafted, because a lack of financial disclosure can void the agreement. This can be seen as non-disclosure, or fraud. A material change in circumstances can also be a factor that affects financial agreements.
In Fewster v Drake (2016), the wife had previously tried to have the order set aside due on a number of grounds, one being a material change in circumstances, which in this case, was having children. In 2015 the courts set aside the agreement based on the birth of a child, under section 90K(1)(d). The husband appealed, and in 2016 had the setting aside overturned, based on an incorrect test of ‘hardship’ from the 2015 trial judge.
If either party felt pressured into signing, was under duress, undue influence or emotional coercion,or there was unconscionable conduct by either party an agreement can also set aside.This may be pressure to sign before a wedding, or being pushed into an agreement using emotional manipulation or coercion. This was a present factor in the highly publicised case of Thorne vs Kennedy (2025), in which the agreement was set aside due to duress and significant inequality of bargaining power.
The agreement weighed heavily in the husband’s favour, and the wife was pressured into signing right before the marriage took place. All of these cases demonstrate the necessity of having skilled, experienced prenup lawyers draft your agreement, to ensure they are drafted correctly and protect both parties in the long-term.
Want to protect your assets before marriage or a de facto relationship? Book a free 10-minute call.
Prenup costs in Sydney - what you should expect to pay
Prenup costs can vary widely in Sydney and across Australia, but a realistic ballpark of $5000 to $12000 per person for a comprehensively drafted standard agreement is common. Costs associated will rise with the complexity of the asset pool, and any non-standard inclusions. Complex agreements can easily run past $15,000 per person, but this is generally aligned with the value of the asset pool being protected.
Additional costs will come in for those with large property portfolios, business and trust structures, overseas assets, family wealth, or any agreements that need to be drawn up with urgency. If parties take time to negotiate the agreement, associated costs will rise with any back and forth between lawyers.
You may be able to have a very simple agreement drawn up for around $3000 per person, and your choice of lawyer and their level of skill and experience will reflect in costs. You may also need to have valuations done, or get additional taxation or financial advice during the process, which can add to costs. Prenups, and any sort of financial agreement, are complex to correctly draft, and they are not an area where cutting costs is generally wise. You should pick an experienced practitioner who can ensure that your agreement is legally sound and will protect your interests over the long-term.
Looking to protect your assets before marriage or living with a partner? Book a free 10-minute call today.
Why Work With Justice Family Lawyers?
Our prenup lawyers are highly skilled in drafting and advising on Binding Financial Agreements (commonly called prenuptial agreements) under Australian family law. We help couples clearly define how assets, finances and liabilities will be managed if a relationship ends, offering legal protection and certainty before marriage or entering into a de facto relationship.
We know that prenups don’t always 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, or don’t have the depth of experience required to draft solid, long-term, legally binding agreements.
When you work with Justice Family Lawyers, you’ll be working with a law firm that is highly proficient in prenups and have the experience to assure you that the agreement will be binding.
How We Work Together
Step 1. Book Free Discovery Call
We listen to your situation, identify the immediate issues and help you understand the most sensible next step.
Step 2. Get Clear Advice
We explain your legal position, answer your questions and outline a practical strategy for divorce, parenting and property matters.
Step 3. Confident Resolution
We work toward a legally binding outcome through negotiation, mediation, or court, where required, so you can move forward with certainty.
BFA vs consent orders - which option is right for your situation?
If you are unsure of your options to divide assets in Australia, you have two main options. The first is a BFA, the second are consent orders. Both have benefits and disadvantages, and it’s important to explore your options. BFAs offer one distinct advantage, and that is that they can be drafted at any stage of a relationship – before, during or after. Consent orders can only be drafted after a relationship ends, which means that decisions made about dividing your assets will likely occur during the early stages of relationship breakdown, when both parties are more likely to be emotional.
Privacy is another advantage of a BFA. Unlike consent orders, which are reviewed and sealed by the court, a prenup or BFA is a private agreement between a couple that only their lawyers or any advisers are made aware of. The only time a BFA would be viewed by a court is if either party tries to challenge it or have it set aside. BFAs such as prenups, also allow for financial planning and some certainty over how finances will be divided from early on.Costs can be higher with BFAs, and the process for consent orders can be a bit more straightforward.
Property division consent orders are meant to be just and equitable, in line with section 79 of the Family Law Act 1975, but they don’t require independent legal advice for both parties, even though it’s a good idea. Consent orders are also able to be used for parenting arrangements, which BFAs can not be.
Ultimately, BFAs are excellent tools for planning ahead, and provide a level of certainty that can be negotiated early on, but need to be well-drafted and meet strict legal requirements. Consent orders have much less stringent drafting requirements and less criteria for enforceability, but can only be used after a marriage or de facto relationship ends.
You Are In Safe Hands
How Justice Family Lawyers prepares your Binding Financial Agreement
Our prenup lawyers will talk to you about how a prenup affects your rights, and its advantages and disadvantages, risks and benefits. Both you and your partner or spouse must seek independent legal advice from a lawyer specialising in prenuptial agreements to understand the agreement before signing. You can’t use the same lawyer. This is about far more than ‘getting a certificate’, it’s about considering the real consequences of signing an agreement.
The legal advice you are given also covers the necessity of the agreement and the fairness of the proposed property division within the prenup. Prenups are not assessed in the same way consent orders are, and are generally not viewed by the court, but they still need to be respectively fair.
You’ll need to share financial and personal information with your lawyer and disclose your current financial situation, including assets, liabilities, employment and salary details. We can help you to gather the correct information. This preparation includes providing the most recent tax return and bank statements, along with preferences for property division in case of a relationship breakdown.
We can also assist with negotiations between you and the other person to reach an agreement you are happy with. This may be quite simple, or it may take some time to reach an agreement. Once an agreement is reached, we will draft your agreement, or review it if another law firm is drafting it. Both parties can sign after they receive independent legal advice, and are given a certificate to demonstrate this. We are able to help you with all aspects of the process, and can also help with variations or terminations of agreements.
Our Team
Meet Hayder Shkara - Director, Justice Family Lawyers
Director
Hayder Shkara is the Director of Justice Family Lawyers.
A strong media personality, Hayder is considered an authority on all Australian legal matters. He is the founder of the practice and is passionate about combining clear legal strategy with empathetic client care.
An Olympian who represented Australia in Taekwondo at the Rio de Janeiro Olympic Games, Hayder brings discipline, strategic thinking and composure to complex family law matters.
Harpreet Bawa
Senior Associate
Family law specialist with expertise in complex financial splits, recovery and relocation orders, and high-conflict parenting matters.
Monique Alexander
Senior Associate
Family law practitioner skilled in property and parenting matters, drawing on her background as a Court Associate to provide informed, effective advocacy.
Laila Sayed
Solicitor
Family law solicitor specialising in parenting and property disputes, known for her empathy, advocacy, and client-focused approac
Bree Campbell
Solicitor
Family and criminal law solicitor specialising in AVO matters, criminal defence, and parenting and property disputes.
Karly Muller
Solicitor
Karly graduated from Western Sydney University with a Bachelor of Laws (LLB) in 2021 and completed her Graduate Diploma in Legal Practice (GDLP) with the College of Law in 2022.
Frequently Asked Questions
What is the difference between a binding financial agreement and a prenuptial agreement?
The only difference between a BFA and a prenup is the name. A prenuptial agreement is simply a more commonly used term to describe a legally binding financial agreement that is made before getting married in Australia. This is similar to postnuptial agreements or post-separation financial agreements which are BFAs that are made during a marriage or after a relationship ends.
Are the costs of getting a BFA worth it?
In most cases, depending on your asset pool, yes they are worth it. If you consider the certainty and protection this type of agreement can offer each party over the long-term, the value becomes clear. They will allow both parties to have a clear idea of finances over time, and avoid making decisions about asset division in the event of the relationship breakdown.
How do we know that our BFA will be enforceable?
There is no absolute guarantee that any legal agreement will stand up if it is not done properly and with respect to the necessary criteria to make it valid or legally enforceable. A BFA requires proper drafting and both parties need to ensure that all criteria are met, from honest financial disclosure through to receiving independent legal advice. By working with a skilled and experienced prenup lawyer, and ensuring that all guidelines are met, it’s most likely that your BFA will stand the test of time.
How should I bring a prenuptial agreement up with my partner?
We have found that one of the hardest parts of BFAs is not necessarily all of the legal work required, but instead, bringing up the topic with your partner. It may seem like a difficult conversation to have, and you may be concerned that your partner may feel that you don’t trust them. It can be worth bringing up the subject of financial planning, and asking how they’d feel if both of you could reach an agreement in advance about who gets what if things don’t work out, and how that may look if you plan to have children, or either of you already have children from a previous relationship. From there you can introduce the idea of a BFA, and talk about the benefits of having discussions now that will likely make future planning easier.
Can we use a prenup or BFA if we are in a de facto relationship?
Yes, but these are often called a ‘cohabitation agreement’ or a ‘de facto financial agreement’. They are essentially the same, a BFA drawn up to suit your relationship stage and type, just with a different name. It’s a good idea to consider this option if you are planning on living with a de facto partner or are already living together.
Get Started Today
By engaging experienced prenup lawyers early on, couples can approach financial planning with confidence, protect their interests in a transparent and fair framework, and build a relationship with a foundation of clarity and mutual respect before marriage or a de facto relationship begins.