Binding financial agreements (also called ‘pre-nups’ or ‘mid-nups’)

We help you have the hard conversations so you can have financial certainty in your relationship

If you and your partner are moving in together, buying property together or intending to marry each other, a binding financial agreement (prenup or midnup) can help make sure that if you ever decide to split you can end things quickly, amicably and cleanly.

These agreements clearly set out exactly what would happen to finances and assets in the event of a relationship breakdown.

Our team can help prepare an agreement that complies with strict legal requirements and is binding and enforceable so that you minimise the potential of being challenged in Court at a later time.

Binding financial agreements aren’t for everyone, but they may be a sensible option if you

  • Have previously been married

  • Have children with a former partner

  • Have significant assets you wish to protect

  • Will be receiving inheritance or gifts in the future

  • Have come into the relationship with significantly more assets than your partner

  • Own assets jointly with others, for example parents or siblings.

How it works

BOOK A CALL WITH US

You can start with a free 10-minute chat with one of our lawyers to make sure our team is the right fit for you. 

Or you can jump straight to booking your strategy session with our team.

providing your info

Before your meeting with our lawyers we’ll ask you for detailed information about your property and finances, your family, and your goals for your financial agreement—so we can identify the best options for your personal circumstances and give you the right advice when we meet. 

STRATEGY SESSION

During your session with our team (either online, or in person) we will outline your options and discuss whether a Binding Financial Agreement would be a good fit for you. We’ll also map out a strategy that suits your personal circumstances and answer any your questions you may have.

PREPARE THE AGREEMENT

Following the strategy session, if you do need a Binding Financial Agreement and you’d like our team to prepare one for you, we will provide you with a fixed fee quote.

Once you’ve confirmed our quote, we will gather any further information we need for the Agreement.

Our team of experienced family lawyers will prepare the Agreement for your approval. Your partner will need independent advice, and we can refer them to an efficient and reasonably priced lawyer at another firm if needed.

We will send the draft Agreement to your partner’s lawyer for their consideration and handle any negotiation on your behalf.

SIGNING

Once the terms are agreed and both parties have had independent legal advice, you can both sign the Agreement and any other necessary documents. You can then relax knowing that whatever happens in the future, you and your children will be protected.

Find out more about binding financial agreements, prenups and midnups

  • Many Australian couples make prenuptial agreements before moving in together, before marriage, when they purchase property together, or when re-partnering later in life. They are a way to ensure things will be clear and straightforward if a relationship comes to an end, allowing for an amicable and clean break.

    You can also make a Financial Agreement even if you have been living together for a while.

    Agreements can be a sensible option for those who:

    • have previously been married

    • have significant assets which they wish to protect

    • are expecting to receiving inheritance or gifts in the future

    • have come into the relationship with significantly more assets than the other person

    • own assets jointly with other persons, such as parents or siblings

    But prenups are not for everyone. Speak to one of our expert family lawyers to discuss whether entering into a prenuptial agreement with your partner is the right option for you.

  • Yes. Sorry. A prenuptial agreement must comply with strict legal requirements in order to be binding and enforceable. Drafting expertise is required to minimise the potential for a prenup being challenged in Court at a later time

    Prior to entering into a prenuptial agreement, you and your partner must each obtain independent legal advice. Your lawyer must explain to you the effect of the agreement on your rights, as well as the advantages and disadvantages of entering into the agreement.

    You and your partner must both also be satisfied that you have provided each other with full and frank disclosure of your financial circumstances. This may involve exchanging documents evidencing sources of income, values of assets and liabilities, and ownership of financial resources.

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