Prenup Lawyers Brisbane: Protecting Your Assets With A Prenuptial Agreement
Protect your assets before entering into marriage. Our prenup lawyers can guide you through the process.
What is a prenuptial agreement?
A legally binding financial agreement made before marriage that outlines how assets, liabilities and financial resources will be distributed if the relationship ends. The same style of agreement applies to de facto relationships as a Binding Financial Agreement (BFA). It can cover property settlement, spousal maintenance, debt allocation, protection of inheritance, and superannuation.
Why enter into a prenuptial agreement
To protect pre-existing assets such as a family business, real estate or investments owned before marriage; to safeguard children from previous relationships and their inheritance; to reduce disputes and costly court proceedings by clarifying asset distribution upfront; to support estate planning; and to protect business interests from division on separation.
Legal requirements for validity
Under the Family Law Act 1975, both parties must obtain independent legal advice about the advantages, disadvantages and effects of the agreement; the agreement must be in writing and clearly outline financial arrangements; both lawyers must certify that independent advice was provided; and there must be full disclosure of all assets, liabilities and financial resources.
Can a prenuptial agreement be overturned?
Yes, courts may set an agreement aside for coercion or duress, fraud or non-disclosure, a significant change in circumstances (such as the birth of a child), or if the agreement is grossly unfair or unconscionable.
Benefits and disadvantages
Benefits include opting out of Family Court jurisdiction over financial matters, protecting assets from division, preserving wealth for children from a prior relationship, and greater certainty. Disadvantages include no built-in fairness requirement, a risk of overlooking non-financial contributions such as homemaking and caregiving, and the need for costly, time-consuming updates as life changes.
Costs
Prenuptial agreements can range into the thousands of dollars, given the technical and legal complexity involved and the need for both parties to obtain independent legal advice — but the upfront investment can save time and money by avoiding future disputes.
Frequently asked questions
Should I get a prenuptial agreement?
It depends on your individual circumstances — consult a family lawyer for advice.
What assets can be included?
Real estate, bank accounts, investments, businesses, personal property, future earnings and inheritances.
Can a prenuptial agreement be modified after marriage?
Yes, through a postnuptial agreement, with both parties' consent and meeting the same legal requirements.
What happens if one party doesn't comply?
The other party can seek court enforcement; courts review fairness and legal binding status.
Are prenuptial agreements enforceable in Australia?
Yes, if they meet the Family Law Act's requirements, including full disclosure and independent legal advice.
Can prenuptial agreements include child custody or support provisions?
No — courts determine these based on the child's best interests at the time of separation or divorce.
How long does preparation take?
It can take a few weeks to several months, depending on financial complexity and negotiation.
Do both parties need separate lawyers?
Yes, to ensure the agreement is legally binding and to prevent claims of coercion or unfairness.
How much does a prenuptial agreement cost?
Costs can range from several thousand dollars upwards, depending on complexity and negotiation.