25/05/2026
FAMILY LAW - PRE-NUPTIAL AGREEMENTS
What to consider?
A Binding Finding Agreement (BFA) - otherwise known as a Pre-Nuptial Agreement - can help protect assets and clarify financial arrangements before, during, or after a relationship. However, strict compliance with the Family Law Act 1975 (Cth) is essential.
VALIDITY - For a BFA to be valid:
✅Both parties must provide full and frank financial disclosure
✅Each person must obtain independent legal advice
✅The agreement must be entered into freely, without pressure, duress or coercion
Even a well-prepared agreement can later be challenged if concerns arise about unfair pressure or inadequate disclosure. Unfair means that one party causes duress to the other party or brings pressure using either the circumstances of a fast approaching wedding date or some other threat for compliance.
⏰TIMING
A BFA can be prepared before, during and after a relationship ends. If property is being transferred, parties may avail themselves of the stamp duty exemption. If down the track a party alleges duress, threats were made, or disclosure was not full and frank, then it does not matter how well-prepared the BFA is, there is no guarantee that it won’t lead to court wars.
Seeking experienced legal advice early is key to ensuring your agreement is fair, enforceable, and tailored to your circumstances.
QUESTIONS?
If you have any questions or would like to know more, please don’t hesitate to contact our Family Law team to make an appointment.
www.dhlaw.com.au
