Prenuptial Agreement in Australia: Everything You Need to Know in 2025

Financial security matters in every relationship. Given the high rate of divorce and separation for both married and de facto couples, making financial agreements is an essential consideration for modern couples.

Financial agreements serve as more than just legal documents – they provide clarity and certainty about financial arrangements before marriage. These agreements, recognised under the Family Law Act 1975, protect your assets, inheritances and financial interests should your relationship end.

Today’s couples, regardless of wealth or background, choose prenuptial agreements for peace of mind. Clear financial arrangements help build trust and understanding between partners while safeguarding individual interests.

Our guide explains the key elements of creating a valid financial agreement, from essential legal requirements to practical considerations. Whether planning your wedding, entering into a new relationship to protect previously accumulated wealth, or just exploring your options, understanding these agreements helps you make informed decisions about your financial future with your partner if you separate.

Family law provides clear pathways for couples to protect their financial future. Financial Agreements offer couples legal certainty about their financial future before, during or after marriage and de facto relationships.

Unless there is some preference or reason to divorce first, it is best practice to first deal with your property settlement and then apply for a divorce.

Core Elements

The Family Law Act 1975 establishes financial agreements as blueprints for couples. By creating a financial agreement, couples choose their arrangements rather than relying on court decisions.

Your financial  agreement must meet essential legal requirements:

• Free and willing signatures from both parties
• Independent legal advice from qualified Australian practitioners
• Financial transparency between partners
• Proper documentation and record-keeping

A well-structured financial agreement can cover:

• Property division
• Financial support details
• Superannuation arrangements
• Business,  asset and financial resource protection

These agreements protect financial interests, they cannot determine child custody or support matters.

Financial Agreements particularly benefit couples where:

• One partner holds substantial assets
• Business and other specific interests, including inheritance, need protection

Australian financial agreements remain valid indefinitely unless the Court terminates or sets aside the agreement. We recommend regular reviews, especially after major life changes like having children,  significant shifts in financial circumstances, or a change in health and well-being that may impact your living arrangements..

Professional legal guidance forms the foundation of every valid agreement. Each partner must engage their family lawyer.  Each legal representative must sign a certificate confirming their client has received independent legal advice about:

• The effect of the agreement; and
• The advantages and disadvantages of agreeing.

Trust builds through complete financial transparency. Your agreement requires full disclosure, including details setting out:

• The Property Pool addressing the assets, liabilities and financial resources including superannuation;  
• Income 

The Court holds the authority to set aside an agreement or to declare an agreement binding.  The circumstances of the parties negotiating when the agreement is prepared are critical.  The Court may set aside an agreement if it can be established that a party was under certain duress at the time of signing or if there are any other factors, including but not limited to fraud and improper conduct impacting the negotiations..

Last-minute agreements raise red flags with courts. Starting early creates space for careful consideration and proper preparation. Your agreement needs time for:

✔ Thorough Preparation

• Careful review of terms
• Thoughtful partner discussions
• Detailed financial reviews
• Professional legal guidance

Financial agreements offer essential protection for modern Australian couples. Financial clarity builds stronger foundations for relationships, whether protecting traditional assets or emerging digital wealth.

✔ Clear Financial Future 

Your agreement creates certainty through:

• Open financial discussions
• Professional legal guidance
• Proper documentation

✔ Lasting Protection: Well-crafted agreements provide certainty for both partners’ interests. Early preparation and expert legal advice help create robust agreements to meet your expectations and create certainty if you separate.