The Complete Guide to Prenups in Australia

What is a prenup (Binding Financial Agreement)?

In Australia, what is commonly called a "prenup" is formally known as a Binding Financial Agreement, or BFA. These agreements are governed by the Family Law Act 1975.

A BFA allows couples to set out how their property and finances will be divided if the relationship ends. They can be prepared before marriage (prenup), during a marriage or de facto relationship (postnup), or even after separation.

Unlike informal agreements or simple checklists, a BFA that meets the legal requirements under the Family Law Act can be binding and enforceable — meaning it can override what a court might otherwise decide. This binding nature is what makes a BFA fundamentally different from casual financial conversations.

The difference between a prenup and a postnup

The terms "prenup" and "postnup" simply refer to the timing of the agreement.

A prenup (or antenuptial agreement) is signed before marriage. It's often the choice of engaged couples who want to have financial clarity before they commit.

A postnup is signed during the marriage or de facto relationship. Couples sometimes choose this path because the subject felt uncomfortable to discuss earlier, circumstances have changed, or they've reached a point where they want to formalise their financial arrangements.

Both types are equally valid under the Family Law Act. The legal requirements are the same: independent legal advice, certificates of advice, full financial disclosure, and voluntary signing.

Some de facto couples also use BFAs. In Australia, de facto relationships have similar legal status to marriage for family law purposes, so a BFA can be equally valuable for clarity and protection.

Why couples consider a financial agreement

Couples consider BFAs for many reasons. It's not about mistrust or planning for failure — it's about honest planning.

Common reasons include:

• One partner owns significant property, a home, or assets before the relationship begins
• One partner has substantially more assets, savings, or income
• A business is involved that a partner wants to protect or clearly define
• Family gifts or inheritances are part of the financial picture
• Second marriages, particularly where children from prior relationships are involved
• Blended families where each partner has children with different responsibilities
• Both partners have built their own careers and want clarity about their financial independence
• One partner has spent years building a professional practice (medical, legal, accounting)
• Student loans or significant debts need to be managed clearly
• Couples who simply value honesty and clarity about their financial arrangements from the start

Financial agreements are not only for wealthy couples. They are for any couple who wants to approach their shared life with transparency and mutual respect.

The legal foundation: Family Law Act 1975

A BFA is valid only because it meets specific requirements set out in the Family Law Act 1975 (Cth). Understanding this foundation helps explain why certain steps are non-negotiable.

Section 90B of the Family Law Act sets out the requirements for a valid BFA. When these requirements are met, a court is unlikely to set aside the agreement, even if one partner would have received a more favourable outcome under general family law principles.

The Act recognises that couples should be able to negotiate their own arrangements. The legal requirements are there to protect both parties by ensuring:

• Each person genuinely understands the agreement
• Each person had independent advice before signing
• Neither person was pressured or misled
• Both people were honest about their finances
• Both people signed voluntarily

This is why the process matters. A BFA prepared properly is significantly more valuable than one prepared carelessly.

Legal requirement 1: Independent legal advice

Independent legal advice is the cornerstone of a valid BFA. Each partner must have their own solicitor — the same lawyer cannot advise both partners, even if both partners ask them to.

This requirement exists to protect both parties. Each person deserves advice from someone whose loyalty is solely to them, not split between two clients.

What does independent legal advice actually involve? The solicitor's role is to:

• Explain the agreement in plain language
• Advise on how it affects their client's legal rights
• Discuss the advantages and disadvantages for their client specifically
• Ensure their client understands what they are signing
• Answer questions
• Advise on alternative arrangements if relevant

This is genuine legal advice, not a formality. A competent family lawyer will be thorough. They might identify issues, ask questions, or suggest amendments. The agreement improves through this process.

After providing advice, the solicitor signs a certificate confirming the advice was given. This certificate becomes part of the final BFA. It's proof that the requirement was met.

Legal requirement 2: Certificates of independent legal advice

Each solicitor who provides independent legal advice must sign a certificate. This is a formal document confirming that they gave legal advice to their client.

The certificate typically covers:

• The date advice was given
• The fact that the solicitor explained the agreement
• The fact that the solicitor advised on the effect of the agreement
• The fact that the solicitor discussed advantages and disadvantages
• That the client appeared to understand the advice
• That the advice was given before signing

These certificates are attached to the final BFA. They are evidence that the legal requirements were met. If an agreement is ever challenged later, these certificates are crucial proof that the process was done properly.

This is why using an online template without a solicitor's involvement is problematic. The certificates cannot exist. The agreement lacks legal foundation.

Legal requirement 3: Written agreement and signatures

A BFA must be in writing. It cannot be an oral agreement or implied understanding.

The agreement must be signed by both parties. In Australia, signatures can be handwritten or digital (using platforms that meet legal requirements for electronic signatures).

The agreement should also be dated. This clarifies when it came into effect.

Each partner should receive a signed copy for their records. Many couples store their BFA in a secure location — at home, with their lawyer, or with a trusted advisor. At Prenuply, couples receive their executed agreement in secure document storage that they can access anytime.

The signature requirement is straightforward, but it matters. A properly signed, dated document is clear evidence that both people agreed.

Legal requirement 4: Full financial disclosure

Both partners must be honest about their finances. This is not optional; it's a legal requirement.

Full disclosure means:

• Disclosing all assets owned by each person
• Disclosing all liabilities and debts
• Being honest about the value of those assets and debts
• Not concealing property or income
• Not understating the value of holdings

Why does this matter? If one person discovers later that their partner deliberately hid assets or lied about financial position, they can apply to have the BFA set aside. Incomplete or misleading disclosure undermines the entire agreement.

In practical terms, disclosure typically happens through a questionnaire. Each partner independently answers questions about what they own, what they owe, their income, their superannuation, and their liabilities. The answers are then compiled into a summary that both partners review and confirm.

At Prenuply, the guided disclosure process asks all necessary questions. Both partners complete it independently, and a summary is generated so both can review and confirm accuracy.

Legal requirement 5: Voluntary agreement without duress

Both partners must sign the BFA voluntarily, without pressure or duress.

This seems straightforward, but it matters in practice. Agreements signed very close to a wedding date, particularly if one partner felt rushed, can be challenged. Agreements signed under emotional pressure or with one partner threatening to call off the wedding may not be enforceable.

Voluntary agreement means:

• Each person chooses to sign
• Each person has adequate time to consider the agreement
• Each person has time to obtain legal advice
• Neither person is being pressured or threatened
• Neither person is being coerced

This is why timing the discussion properly matters. Introducing a BFA months before a wedding, with plenty of time for discussion and advice, is different from raising it two weeks before.

In practical terms, this requirement is usually satisfied naturally if both partners are genuinely keen on the agreement and have had proper time to consider it.

What can be included in a BFA

A BFA is flexible. It can address many financial matters.

You can include:

• Property owned before the relationship — how it's treated, whether it remains separate, or how it's dealt with if the relationship ends
• Property acquired during the relationship — whether it's joint, separate, or subject to specific arrangements
• Business interests and shareholdings — how they're valued, whether they're protected, how they're treated on separation
• Superannuation — how it's treated, whether it's split, whether it's separate property
• Family gifts and inheritances — whether they remain the recipient's separate property or become joint property
• Debts and liabilities — how responsibility is allocated
• Bank accounts and savings — whether they're joint or individual
• Motor vehicles and personal property
• Rental income and investment income — how it's treated
• Professional practices and qualifications

The agreement can be simple or detailed. Some couples want to keep things separate; others want to pool resources. Both are valid. A BFA just documents the arrangement you both agree to.

What cannot be included in a BFA

A BFA has limits. There are some matters that cannot be decided by agreement alone.

You cannot use a BFA to determine:

• Care, welfare, and custody of children — these matters are always subject to the Family Law Act and the best interests of the child
• Child support — the amount is determined under the Child Support (Registration and Collection) Act, not by agreement
• Spousal maintenance — this is covered by family law, though parties can sometimes agree on maintenance arrangements

These matters must be left for family law proceedings if they become relevant. A BFA cannot contract out of parental responsibilities or child support obligations.

If you have children or plan to have children, your BFA should be silent on these matters. They will be dealt with through family law processes if needed.

James and Sarah are getting married. Sarah's parents have given them $150,000 to put toward a home deposit. James's parents have given $30,000.

Without a BFA, if the relationship ends, that money becomes part of the pool of assets to be divided. Sarah's parents' generous gift might end up being split 50/50 with James, even though his parents contributed less and Sarah's parents intended the money specifically for Sarah.

A BFA allows them to document that the $150,000 remains Sarah's separate property, protected from division if the relationship ends. This respects their parents' intentions and protects the family gift.

James is comfortable with this arrangement. He has his own savings, and he wants Sarah's family to feel their generosity is protected. The BFA documents this clearly, and both partners know exactly where they stand.

This is not about planning for failure. It's about respecting their families and managing finances honestly.

Priya and Tom are both entrepreneurs. Priya owns a consulting business with a recent valuation of $400,000. Tom owns a tech startup that's growing but not yet profitable.

Priya built her business before meeting Tom. She wants it to remain hers. She's also concerned that if the business is treated as joint property and the relationship ends, Tom could claim half of something she built over years.

Tom respects this. He doesn't want to claim her business. But he also wants to clarify that his startup remains his, and any growth he builds stays with him.

They use a BFA to document that each person's business remains their separate property. The agreement specifies how the business is valued, what happens if it's sold, and that growth remains the owner's responsibility and benefit.

This gives both of them confidence that their work is protected. They can focus on their businesses and their relationship without financial anxiety.

Michael and David have been in a de facto relationship for six years. They don't plan to marry, but they're building a life together. They own a home as joint tenants, and they both earn similar incomes.

Despite being a de facto couple for six years, they've never formalised their financial arrangements. If the relationship ended unexpectedly, they'd have to sort out property division through family law proceedings. It would be messy and expensive.

A BFA gives them clarity now. They decide their home remains joint property. Each person's superannuation remains theirs. They split household expenses equally. Any inheritances remain the recipient's separate property.

Documenting this now means that if circumstances change, they have a clear agreement in place. It also reinforces their commitment to open financial communication.

Catherine is remarrying after divorce. She has two adult children. Robert is also remarrying; he has a daughter aged twelve.

Catherine has a small investment portfolio and some savings. Robert owns a home outright and receives an ongoing inheritance from a family trust.

Both have been through family law proceedings before. They understand that without clear arrangements, their assets could become entangled. They both want to protect what they've built and what they want to leave to their children.

A BFA lets them document that:

• Robert's home remains his separate property
• The family trust and inheritance distributions remain Robert's separate property
• Catherine's investment portfolio remains hers
• Joint property acquired during the marriage is dealt with according to agreed terms
• If the relationship ends, each person retains what they've protected

This gives both of them confidence. They've both been through divorce. They understand that planning ahead isn't romantic, but it's responsible. It means they can focus on building a new relationship together without unresolved financial anxiety.

How courts review BFAs when they’re challenged

Most BFAs are never challenged. But occasionally, one party will try to set aside an agreement in court. Understanding what courts look at helps explain why proper process matters.

When a BFA is challenged, courts ask:

• Was there proper independent legal advice? Are the certificates valid?
• Was financial disclosure complete and honest?
• Were both parties informed and acting voluntarily?
• Was the agreement in writing and properly signed?
• Was there duress, fraud, or unconscionable conduct?

Courts are generally reluctant to set aside a properly executed BFA. This is because the law trusts that couples can negotiate their own arrangements if proper procedures are followed.

However, courts will set aside an agreement if:

• One party can prove they didn't receive proper legal advice
• One party can prove they didn't disclose assets
• One party can prove they were under duress or undue pressure
• One party can prove the other party engaged in fraud or misrepresentation
• Circumstances have changed so radically that the agreement is now manifestly unjust

The courts will also consider whether the agreement was unconscionable — whether it was so harsh and unfair that enforcing it would be unconscionable. But this is a high bar. Courts don't easily overturn agreements just because they were generous to one party.

This is why the process matters. A properly executed agreement is defensible. An agreement prepared carelessly is vulnerable.

Superannuation: How it works in a BFA

Superannuation is often the most valuable asset a couple has, yet many BFAs don't address it clearly.

With superannuation, you have options:

• Leave it as separate property — each person's super is theirs alone
• Treat it as joint property — each person owns a portion of both superannuation balances
• Create a hybrid arrangement — some super is separate, some is joint

The treatment should reflect your overall arrangement. If you're pooling all assets, it makes sense to treat superannuation similarly. If you're keeping things separate, keep superannuation separate.

One important point: superannuation is held in trust. It's not owned directly like a house or bank account. Division of superannuation requires specific legal mechanisms (often a Family Law Order or a Superannuation Splitting Agreement).

A well-drafted BFA makes clear what will happen to superannuation if the relationship ends. This avoids disputes later. If the agreement says superannuation is joint, the mechanism for splitting it should be documented.

Don't overlook superannuation in your BFA. It's often worth more than any other asset.

Property acquired before vs during the relationship

One of the key questions in any BFA is how property acquired at different times is treated.

Property owned before the relationship began typically belongs to the person who owns it. Without a BFA, it's often treated as separate property in family law. However, if that property significantly increases in value during the relationship, courts may treat some of the increase as joint.

A BFA can clarify this. You can document that property owned before the relationship:

• Remains the owner's separate property
• Stays separate even if its value increases
• Stays separate even if the other partner contributes to its maintenance or improvement

Property acquired during the relationship is often presumed to be joint (unless one person bought it with funds that were clearly their own separate property). A BFA can document this presumption or modify it if you prefer different arrangements.

Example: James owns a rental property valued at $300,000 before meeting Sarah. They agree it remains James's separate property. During the marriage, they rent it out and use the income to fund family living. The property increases in value to $350,000. Without a BFA, a court might treat some of that increase as joint. With a BFA documenting that the property remains James's, the increase stays his too.

This kind of clarity is what BFAs provide.

Debt allocation and liabilities

Debt is often overlooked in financial discussions, but it matters significantly.

Questions to address in your BFA:

• Does each person's pre-relationship debt remain their responsibility?
• How is debt incurred during the relationship allocated?
• If one person takes on a mortgage, is that their debt or joint?
• How are credit cards and personal loans treated?
• If one person has significant student loans or professional debts, does the other partner take responsibility?

Without a BFA, debt acquired during the relationship is often treated as joint responsibility, regardless of who actually incurred it. A BFA can change this.

Example: Sarah arrives in the marriage with $20,000 in student loans. James has no student debt. A BFA can document that Sarah's student loans remain her responsibility. If the relationship ends, James isn't responsible for Sarah's education debt.

Conversely, you might agree that major debt (like a mortgage) is joint, even though only one person's name is on the loan. This makes sense if you're both living in a home funded by a mortgage.

The key is being explicit. Silence on debt is ambiguous. Clear documentation prevents future disputes.

The emotional conversation: How to broach the topic

The financial side of a BFA is straightforward. The emotional side is where couples often get stuck.

How do you introduce the idea of a BFA without seeming unromantic or untrusting?

Here's a reframe: A BFA is not about planning for failure. It's about honest planning. It's about starting your relationship with the same level of clarity you'd bring to any important decision.

Good opening lines:

• "I want us to start on the same page financially. Can we talk about how we want to handle money?"
• "I've been thinking about our financial life together. I'd feel more confident if we had a clear plan."
• "I care about you, and I want to protect both of us by being honest about finances now."
• "I want our relationship to be built on clarity, not assumptions. Can we document our financial arrangement?"
• "I've got some assets from before we met, and I want to be clear about how they're treated."

Bad opening lines:

• "I don't trust you, so we need a prenup."
• "My lawyer told me to get a prenup."
• "I'm protecting myself in case this doesn't work out."

The difference is huge. The first set frames it as mutual planning. The second frames it as self-protection or lack of trust.

Timing matters too. Introduce the idea months before you need it, not two weeks before the wedding. Give yourselves time to discuss, think, and process.

Remember: most couples who do a BFA say it improved their relationship. It forced a financial conversation they might otherwise have avoided. It built trust through transparency.

Having the deeper financial conversation

Once you've introduced the idea, you need to actually talk about money. This is harder than it sounds.

Steps for a productive conversation:

1. Find the right time and place — not right before bed, not when you're stressed. Set aside time specifically for this conversation.

2. Start with openness — each person shares their financial situation, their concerns, and their priorities.

3. Listen without judgment — your partner's concerns about money are valid, even if they're different from yours.

4. Ask clarifying questions — understand what matters to each person and why.

5. Identify common ground — what do you both agree on?

6. Address differences calmly — where do you disagree? What are you each concerned about?

7. Take breaks if needed — money conversations can be emotional. It's okay to pause and come back.

8. Move toward a shared plan — what arrangement makes sense for both of you?

Common topics to cover:

• Pre-relationship assets and how they're treated
• Family gifts and inheritances
• Income and earning capacity
• Debts and liabilities
• Major purchases or investments planned
• Superannuation and retirement plans
• What happens if the relationship ends
• What happens if circumstances change (one person inherits, wins money, loses a job)

This conversation is valuable regardless of whether you ultimately do a BFA. Understanding each other's financial position and priorities is healthy.

Step-by-step: How financial disclosure actually works

Financial disclosure is often the part couples worry about most. It doesn't have to be complicated.

Here's how it typically works:

Step 1: Questionnaire Each partner independently answers a detailed questionnaire about their finances. Questions cover:

• Bank accounts and savings
• Investments and shareholdings
• Property owned
• Business interests
• Vehicles
• Superannuation and retirement savings
• Debts and liabilities
• Income and earning capacity
• Inheritance prospects

Step 2: Documentation You gather documents to support your answers. This might include:

• Bank statements
• Investment statements
• Superannuation statements
• Property valuations or recent mortgage documents
• Business valuations or financial statements
• Loan documents or credit card statements

You don't need perfect documentation. But the more complete, the better. Gaps should be explained.

Step 3: Summary and Verification Answers are compiled into a summary. Both partners review the summary together. Are the figures correct? Is anything missing? Each partner confirms that the disclosure is complete and honest.

Step 4: Full Disclosure Certificate Both partners sign a document confirming they've disclosed their finances fully and honestly. This is a legal requirement.

At Prenuply, this process is guided and straightforward. The questionnaire walks you through it. Documentation is optional but helpful. The summary is clear so both partners can verify accuracy.

What happens when assets or circumstances change

Life changes. People inherit money. Businesses grow or fail. People lose jobs or earn promotions. Children arrive.

What happens to your BFA when circumstances change significantly?

The simple answer: Your BFA remains valid unless you both decide to change it.

However, courts have some discretion. If circumstances have changed so radically that enforcing the original BFA would be manifestly unjust, a court might set it aside. But this is rare and requires very significant change.

Example: A couple agrees that one person's business remains separate property. The business grows from $500,000 to $5 million during the marriage, funded by joint financial efforts. A court might reconsider whether the original agreement remains fair.

But the general principle is: agreements stand unless changed by agreement or overturned by a court.

So what should you do if circumstances change significantly?

• Discuss it together
• Consider whether the original arrangement still makes sense
• Update the BFA if you both agree
• Document any changes properly

This is why reviewing your BFA periodically is sensible. Have circumstances changed enough that the original arrangement no longer reflects your intentions? If so, update it.

When to update or review your BFA

Your BFA is valid for as long as you're together. But you might want to review it periodically to ensure it still reflects your intentions.

Good times to review:

• After a major asset change — inheritance, sale of property, business expansion
• After a significant life change — children born, one partner stops working, relocation
• After several years — circumstances often shift over time
• Before significant new commitments — buying a new property, starting a business
• When one partner's financial situation changes dramatically
• When relationship dynamics shift in important ways

Reviewing doesn't mean changing. You might review and decide the original agreement still makes perfect sense. But revisiting it deliberately is better than ignoring it.

If you decide to update your BFA, you'll go through a similar process: updated disclosure, possibly updated terms, new independent legal advice, new certificates.

At Prenuply, reviewing and updating your BFA is straightforward. Reach out when you're ready.

Cost comparison: Traditional law firms vs Prenuply

How much does a BFA cost? It depends on how you do it.

Traditional law firm approach:

A typical law firm will charge: • Initial consultation: $300–$500 (sometimes free) • Financial information gathering: $2,000–$4,000 (law firm coordinates, takes time) • Agreement drafting: $2,000–$3,000 • Independent legal advice for each partner: $1,500–$2,500 each ($3,000–$5,000 total) • Execution and storage: $500–$1,000

Total: $8,000–$15,000+

Why is it expensive? Law firms spend significant time gathering financial information, coordinating between partners, drafting, and managing the process. This coordination is labour-intensive.

The Prenuply approach:

Preuply costs $2,999 + GST total:

• Guided financial disclosure (both partners): included
• Structured disclosure summary: included
• BFA drafting: included
• Coordination: included
• Independent legal advice (each partner): $999 + GST each (sourced through Prenuply's panel)
• Execution and secure storage: included

Total: $2,999 + (2 × $999 + GST) = $3,499 + GST for the complete process

Why is Prenuply less expensive? It removes duplicated work. Couples gather their own financial information upfront. Prenuply structures it into a clear summary. Independent lawyers review the summary rather than gathering information themselves. The process is streamlined.

The savings come from efficiency, not shortcuts. The legal requirements are identical. The result is the same. You just pay less because the process is organized better.

Timeline: How long does a BFA take?

How quickly can you get a BFA done?

The Prenuply timeline:

Day 1–2: You both sign up, verify emails, and start the financial disclosure questionnaire.

Day 3–4: You complete the questionnaire and review the summary together. Any clarifications or updates are made.

Day 5: Both partners confirm the disclosure is complete and accurate.

Day 5–6: You select independent lawyers from Prenuply's panel. The BFA is generated and sent to them.

Day 7–10: You each have independent legal advice with your lawyer and sign the agreement.

Day 11: The executed agreement is stored securely in Prenuply. You're done.

Most couples complete the full process within 1–2 weeks. Some take longer if schedules don't align or if there are complex assets to document. Some move faster if they're organized and coordinated.

This is dramatically faster than traditional law firm processes, which can take 4–8 weeks because of back-and-forth coordination and delays in information gathering.

After signing: What happens next?

You've signed your BFA. What now?

Steps after execution:

1. Storage — Your BFA should be stored somewhere safe. At home, with your lawyer, with a trusted advisor, or in Prenuply's secure storage. You should both know where it is.

2. Awareness — Tell the relevant people that a BFA exists. Your accountant, financial adviser, and superannuation trustees should know. It doesn't need to be secret.

3. Copies — Keep signed copies. At least one person should have the original or certified copies. Multiple copies are okay.

4. Regular review — As mentioned above, periodically review whether the agreement still reflects your intentions.

5. Updating on change — If major circumstances change, consider updating the BFA.

6. In case of separation — If the relationship ends, you have a clear agreement in place. The separation process is simpler because financial arrangements are documented.

That's it. A BFA is not something you think about constantly. You sign it, store it, and move on with your relationship. The value is in having it there — clarity, protection, and peace of mind.

Common mistakes couples make with BFAs

Certain issues can undermine a BFA. Understanding them helps you avoid them.

Mistake 1: Not obtaining independent legal advice This is the most critical. Without independent advice and signed certificates, the agreement is not binding. Don't skip this step. Don't have one lawyer advise both partners. Each person needs their own solicitor.

Mistake 2: Incomplete financial disclosure If one partner conceals or understates assets, the agreement is vulnerable. Full disclosure matters. If you forget to mention something, update it. If you deliberately hide something, the agreement can be set aside later.

Mistake 3: Signing under pressure An agreement signed days before a wedding, under pressure from family or circumstance, may be challenged. Give yourselves time. If one partner feels rushed, the agreement loses validity.

Mistake 4: Using online templates without legal advice Templates exist online. They're inexpensive. But a template document without proper legal advice does not create a binding agreement under the Family Law Act. You must have independent legal advice and certificates.

Mistake 5: Not addressing important assets Some couples overlook superannuation, inheritances, or business interests. The BFA is less valuable if it doesn't address major assets. Be comprehensive.

Mistake 6: Not updating after major changes A BFA made sense when the marriage began. But if circumstances change dramatically — one person inherits a large estate, a business grows significantly, children arrive — the agreement might no longer reflect your intentions. Consider updating it.

Mistake 7: Treating it as a secret or shameful thing A BFA is not shameful. It's responsible. Don't hide it from relevant professionals or advisers. Let people know it exists.

Mistake 8: Using it as a weapon A BFA is not a threat to wave at your partner during arguments. It's a shared agreement. If you find yourself using it as a negotiation tactic, something is wrong in the relationship.

Mistake 9: Not storing it properly If your agreement is lost or damaged, you lose proof that it exists. Store it safely, in multiple locations if possible.

Mistake 10: Assuming it covers everything A BFA addresses property and finances. It doesn't address children, maintenance, or non-financial aspects of separation. Understand its scope.

What courts actually examine: The legal test

If a BFA is ever challenged in court, judges apply a specific legal test. Understanding it shows why the process matters.

Section 90B of the Family Law Act sets out the test. For a BFA to be binding:

1. Both parties received independent legal advice before signing — from separate solicitors.

2. Each solicitor gave a certificate of advice — confirming they explained the agreement, discussed its effects, advantages, and disadvantages.

3. Both parties signed the agreement.

4. The agreement was in writing.

If these conditions are met, the court is bound by the agreement. It cannot override it based on fairness or changed circumstances. The parties negotiated their own arrangement, and the court must respect that.

However, the court can still set aside the agreement if:

• One party proves lack of proper independent legal advice
• One party proves the agreement was obtained by fraud, duress, or unconscionable conduct
• One party proves incomplete financial disclosure
• One party proves misrepresentation

But these are high bars. The court must see clear evidence. This is why proper process is so valuable. A well-executed agreement is very difficult to challenge.

Frequently asked questions about BFAs

The Prenuply approach to BFAs

Prenuply exists to make BFAs accessible and straightforward.

The traditional law firm process has worked for decades, but it's inefficient. Lawyers spend significant time gathering financial information, coordinating between partners, explaining basics, and managing administration. This work takes time and costs money.

Preuply changes this by automating what can be automated:

• Guided financial disclosure questionnaire — structured, comprehensive, easy to complete
• Automated summary generation — financial information is compiled instantly
• BFA drafting — agreement documents are generated from disclosure data
• Lawyer panel coordination — independent lawyers are identified and coordinated
• Secure storage — agreements are stored safely and accessed anytime

What Prenuply doesn't automate is the important stuff:

• Independent legal advice — genuine lawyers still advise both partners
• Certificates of advice — real solicitors still sign them
• Financial disclosure responsibility — both partners still verify their own information
• Legal review — lawyers still review and advise on the agreement

The result: the same legal outcome (a valid, binding BFA), done faster and at lower cost.

At Prenuply, the fixed fee is $2,999 + GST. This covers financial disclosure coordination, questionnaire guidance, document preparation, and secure storage. Independent legal advice is $999 + GST per person.

Total cost: approximately $3,499 + GST for both partners.

Total timeline: 1–2 weeks typically.

Why BFAs matter: The bigger picture

At its core, a BFA is about something simple: starting your relationship on the same page.

Money is one of the leading causes of relationship conflict. Financial uncertainty, unclear arrangements, and unspoken assumptions create tension.

A BFA creates clarity. It forces a conversation about money that many couples avoid. It documents an arrangement that both people genuinely agree to.

Does a BFA guarantee a relationship will succeed? No. Nothing does. But it removes financial uncertainty. It builds transparency. It creates a shared agreement that both partners have genuinely consented to.

This is why couples who do a BFA often report that it improved their relationship. It wasn't the agreement that mattered. It was the conversation.

A BFA is not about planning for failure. It's about planning for honesty. It's about respecting each other enough to say: "Let's be clear about this. Let's agree together. Let's build this life on the same page."