Family Law

Binding Financial Agreements

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Family Law | Binding Financial Agreements

Information & FAQs

Binding financial agreements are written contracts entered into by a married or de-facto couple, providing them with the freedom to structure their legal rights as they wish.

A binding financial agreement can be entered into:

  • before marriage (a prenuptial agreement, also referred to as 'prenup');
  • during marriage (a postnuptial agreement, also referred to as 'postnup'); or
  • after a divorce order is made.

If you are planning to enter into a marriage or are already married, it is important that you understand the legal implications of your relationship. Marriage and divorce can be highly complex legal matters and there are many aspects of a couple's relationship that need to be considered.

Our solicitors prepare binding financial agreements, including prenuptial agreements and postnuptial agreements. These agreements can be drawn up to cover a wide range of issues, including:

  • Property division;
  • assets;
  • debts;
  • spousal support;
  • child support; and
  • other financial matters.

If you are already in a marriage or civil partnership, we can also advise on issues such as "who owns that property?", "what happens if one party passes away?", and "how do we deal with financial issues if we separate or divorce?".