Florens Florens Integrative Family Law
Expertise

Binding financial agreements and prenups

A binding financial agreement lets you decide, together and in advance, how your finances would be handled if your relationship ended. Done properly, it gives you both certainty.

Start with a free 20-minute discovery call. Meetings across Australia, in person or online.

A couple reviewing documents together at their dining table

Talking about finances before marrying or moving in together is not unromantic. It is often a sign of a relationship built on honesty.

Binding financial agreements are often sought by people entering a second relationship, those with children from an earlier relationship, business owners, and families wanting to protect an inheritance or family property.

They can also be made after separation, as an alternative to consent orders, to finalise a property settlement privately.

A couple laughing together in their kitchen

An agreement that supports the relationship

The way an agreement is negotiated matters as much as what it says. We keep the process respectful, clear and well paced, so it strengthens trust rather than straining it.

An agreement works best alongside your wider planning. We can coordinate with your will and estate plan, your accountant and, where it would help, couples support through Florens Psychology & Wellbeing.

Wills, estates and succession planning

How we can assist

Whether you are planning ahead, already together or separating, we prepare agreements carefully and give you clear advice on any agreement you are asked to sign.

Each party must receive independent legal advice from a different lawyer, so we act for one party only. We are happy to work with your partner’s chosen lawyer. Where an agreement protects a business, trust or other structure, we work alongside your accountant or financial planner.

How a binding financial agreement is made

Binding financial agreements must meet strict requirements under the Family Law Act. Getting the process right is what makes an agreement hold up.

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  1. Initial advice

    We talk through your goals, what the agreement should cover and the timing. Starting early, ideally months before a wedding, protects you both.

  2. Financial disclosure

    Each of you sets out your assets, liabilities, income and expected inheritances. Complete disclosure protects the agreement, because failing to disclose a material matter can be grounds to set it aside.

  3. Drafting

    We prepare clear terms covering property, superannuation and spousal maintenance, what happens to assets acquired later, and how changes in family circumstances are handled.

  4. Independent legal advice

    Before signing, each of you must receive independent advice from your own lawyer about the effect of the agreement on your rights and its advantages and disadvantages.

  5. Signing

    Both parties sign, with a signed statement from each lawyer confirming the advice was given. Each party keeps a copy, and the original should be stored safely.

  6. Review as life changes

    The birth of children, a new business or a significant inheritance can affect whether an agreement still works. We recommend reviewing it at key milestones.

“The Team at Franklin Family law are amazing, empathetic and professional. They truly had my best interests at heart and looked after me with care and professionalism.”

ClientWritten under our previous name, Franklin Family Law.

Thinking about a financial agreement?

Talk to us about protecting what you each bring.

What makes an agreement hold up

The Court can set aside a binding financial agreement in limited circumstances. Most challenges come back to the same three issues.

Full disclosure

An agreement can be set aside for fraud, including failing to disclose a material matter. Honest, complete disclosure is the best protection.

No pressure

Agreements signed under duress, undue pressure or at the last minute are more vulnerable. Allowing time for advice and negotiation matters.

Changes involving children

A material change relating to the care of a child, causing hardship if the agreement is not set aside, can be grounds to set it aside.

Agreements can also fail if the formal requirements are not met, which is why each step needs care.

Common questions about binding financial agreements

What is a binding financial agreement?

It is a written agreement under the Family Law Act setting out how property, superannuation and other financial matters will be dealt with if a relationship ends. It can be made before, during or after a marriage or de facto relationship.

Are prenups legally binding in Australia?

Yes, if the agreement meets the strict requirements of the Family Law Act, including independent legal advice for each party. In Australia, a prenup is a binding financial agreement made before marriage.

Do we each need our own lawyer?

Yes. Each of you must receive independent legal advice from a different lawyer before signing, so we can act for only one of you.

How early should we start?

As early as possible, ideally several months before a wedding. Agreements negotiated and signed close to the wedding date are more open to claims of pressure.

Can a binding financial agreement be set aside?

Yes, in limited circumstances. These include fraud or non-disclosure of a material matter, duress or unconscionable conduct, where the agreement has become impracticable to carry out, a material change relating to the care of a child that causes hardship, or failure to meet the formal requirements.

Can an agreement cover superannuation?

Yes. An agreement can include a superannuation split, and the fund’s trustee is notified as part of the process.

Can it cover spousal maintenance?

Yes. An agreement can deal with spousal maintenance as well as property and superannuation. Any maintenance provisions must clearly identify who is to be maintained and the amount or value involved.

Can it deal with the children?

A binding financial agreement cannot decide parenting arrangements, which are always based on the children’s best interests. Child support can be dealt with separately through a child support agreement.

Can we change or end the agreement later?

Yes. You can make a new agreement or a termination agreement, and each of you will again need independent legal advice.

After separation, should we use consent orders or a financial agreement?

Both can finalise a property settlement. Consent orders are checked by the Court to ensure they are just and equitable. A financial agreement is private and not reviewed by the Court, but must meet strict formal requirements. We will advise which suits your circumstances.

What does it cost?

Your first step is a free 20-minute discovery call, where we listen, explain your options and outline what working with us could look like. If you go ahead, we explain costs clearly at the outset.

This is general information, not legal advice for your situation.

Certainty for both of you.

Whether you are planning a wedding, moving in together or finalising a separation, we invite you to start with a confidential conversation about what an agreement could do for you.

Privacy

Privacy policy

Updated October 2026

SJ Law Pty Ltd trading as Florens Family Law (“Florens Family Law”, “we”, “us”, “our”) is committed to protecting your privacy. This policy explains how we collect, use, disclose, store and protect your personal information, and how you can access or correct it.

We are bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth). As solicitors, we also owe you duties of confidentiality and protect legal professional privilege. A copy of the APPs is available from the Office of the Australian Information Commissioner at www.oaic.gov.au.

What personal information we collect

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable. Depending on your matter, we may collect:

How we collect it

Where reasonable and practicable, we collect personal information directly from you, in meetings, phone and video calls, emails, forms and through our website.

We may also receive information from others where this is needed for your matter, including the other party or their lawyers, courts, barristers, expert witnesses, family report writers, mediators, financial institutions, government agencies and other professionals you have authorised us to contact. If we receive information about you from someone else, we will take reasonable steps to let you know.

Family law matters often involve information about people who are not our clients. We handle that information with the same care, and only for the purposes of the matter.

Why we collect, use and hold it

If you choose not to provide information we reasonably need, we may not be able to act for you.

We only use sensitive information for the purpose it was provided, for a directly related purpose you would reasonably expect, with your consent, or where required or authorised by law.

When we disclose it

Subject to our professional obligations, we may disclose personal information:

We do not sell personal information.

AI-assisted tools

We use artificial intelligence (AI) tools to help us work efficiently, for example to draft and review documents, summarise material, assist with research and transcribe meetings. These tools support our lawyers. They do not replace legal judgement.

Overseas recipients

Some of our service providers may store information on servers outside Australia. Where that happens, we take reasonable steps to make sure your information is protected in a way consistent with the APPs. Otherwise, we will only send your personal information overseas with your consent, where it is needed for your matter (for example, where there are overseas assets or an international parenting issue), or where required by law.

Marketing and communications

From time to time, we may send you information about our services, insights and events, or promotional material from our trusted referrers or related entities within the Florens Group. We only use your contact details for this, never information about your matter, and we do not pass your details to other organisations for their own marketing. You are welcome to opt out at any time, by using the unsubscribe link in any of our emails or by letting us know.

Our website

When you use our website or enquiry forms, we collect the details you choose to give us. Our website may also use cookies and analytics tools to understand how the site is used, such as which pages are visited. This information does not identify you, and you can turn cookies off in your browser settings.

How we store and protect it

We take reasonable steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. This includes secure electronic systems with access controls and multi-factor authentication, and secure storage of any paper records.

We keep client files for at least seven years after a matter ends, or longer where the law or the nature of the matter requires. After that, we securely destroy or de-identify the information.

If a data breach occurs that is likely to result in serious harm, we will notify you and the Office of the Australian Information Commissioner as required under the Notifiable Data Breaches scheme.

Accessing and correcting your information

We take reasonable steps to keep your personal information accurate, complete and up to date. Please let us know if anything changes or is incorrect.

You can ask to access the personal information we hold about you by contacting us in writing. We may need to confirm your identity first. There is no fee to make a request, but we may charge a reasonable fee for providing copies.

In limited circumstances permitted by the APPs, we may refuse access, for example where it would unreasonably affect another person’s privacy, where the information relates to existing or anticipated legal proceedings, or where giving access would be unlawful. If we refuse, we will explain why in writing.

Questions and complaints

If you have a question or complaint about how we handle your personal information, please contact our Privacy Officer:

Florens Family Law
reception@florens.com.au
1300 739 954

We will aim to respond within 30 days. If you are not satisfied with our response, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or at www.oaic.gov.au.

Changes to this policy

We may update this policy from time to time. The current version is always available on our website.

Website disclaimer

The information on this website is general in nature and is not legal advice. Family law outcomes depend on individual circumstances, so please get advice about your own situation before acting on anything you read here. We aim to keep content current, but we cannot guarantee it is accurate or complete at the time you read it.

Using this website, or contacting us through it or by email, does not create a solicitor-client relationship. That relationship begins only once we have confirmed in writing that we will act for you. Please do not send confidential or sensitive documents until we have confirmed that we can act for you.

Links to other websites are provided for convenience. We are not responsible for their content or their privacy practices.

To the extent permitted by law, we exclude liability for any loss arising from use of this website or its content. Liability limited by a scheme approved under professional standards legislation.