Prenuptial Agreement Template – Legally Compliant in Australia

Why make a prenup?

A prenup provides peace of mind and clarity about the future. It helps settle the “what happens if?” questions that often cause uncertainty and stress.

• It allows both parties to agree in advance on how finances and property will be divided.

• It reassures couples who are entering into a marriage with existing assets or children from previous relationships.

• It can help strengthen your relationship by reducing the chance of future disputes

Legally binding under Australian law

Prenup agreements (Binding Financial Agreements) are recognised and enforceable under section 90B of the Family Law Act 1975.

Avoid Court Costs and Conflict

A prenuptial agreement gives you a clear plan for the financial and practical aspects of your future life together without needing to go to court.

It’s an alternative to litigation. A prenup allows couples to resolve financial and spousal maintenance issues ahead of time, so that in the event of separation, you’ve already agreed on how to divide your financial property.

Common issues addressed in Prenuptial Agreement template

Provision for children from Previous relationships

Many people entering a second (or third) marriage want to preserve certain assets for their children. A prenup can help ensure those assets remain protected and avoid conflict between new spouses and children from earlier relationships.

Protection of Assets

It’s not uncommon for individuals to wish to retain control over their own finances, property, or business interests. A clear written agreement that defines “yours, mine and ours” helps reduce financial tension and protect the relationship.

Safeguarding Inheritances

Binding Financial Agreements (BFA) are an essential tool, particularly in cases where the spouse to be is likely to inherit family owned property or wealth from the rich uncle. As part of an overall strategy to maintain control of family owned assets, a BFA will ensure your family wealth remains with the family members and not shared with an estranged partner.

Getting Married Soon? Timing Matters

IMPORTANT! – it is inadvisable to enter a prenup agreement within eight weeks of your wedding. You won’t find this warning anywhere in the Act, it’s just something our lawyers believe could go to proving undue influence.

If you are running out of time and cannot formalise the prenuptial agreement before the big day, then you can always make a postnuptial agreement after the wedding, which will work just as effectively as a prenup.

Legal Advice – the Key to Making it Binding

Under Section 90G of the Family Law Act, both parties must receive independent legal advice for the agreement to become binding.

Our affordable Legal Review Package connects you with experienced, independent lawyers who can review and certify your agreement – saving you thousands in legal fees compared to traditional law firms.

Get Started with a Relationship Agreement Kit- Just $49

How It Works – and What It Costs

A simple, two-stage process-you prepare the agreement together, then obtain the required independent legal advice to make it binding.

Fixed Pricing – No Nasty Surprises

* Fixed pricing applies to 95% of customers.
If your situation involves complex structures (e.g. multiple companies, family trusts), we’ll assess your draft and let you know before proceeding if any extra fees would apply.

What’s Included in the Prenup Agreement Template Kit

Our Prenuptial Financial Agreement Kit is drafted to comply with Section 90B of the Family Law Act 1975 and is ideal for Australian couples who plan to marry.

Your kit includes:

• A lawyer-drafted Prenup Agreement Kit inc BFA Planner written in plain English

• A comprehensive, plain-language User Guide that walks you through the process

• A bonus Will Kit (since you’ll likely need to update your Will upon marriage)

• Access to our exclusive Members Area for step-by-step guidance

• A Complimentary Agreement Assessment to confirm suitability for legal review

• Access to our fixed-price Legal Review Service for proper certification

• Immediate download on payment — no waiting!

Guarantee and Support

We’re confident that our Prenuptial Agreement Template Kit will meet your needs. If you’re not completely satisfied, we offer a full refund. Plus, our dedicated support team is here to assist you every step of the way.

Get Started with a Relationship Agreement Kit- Just $49

Sample Pages from the BFA Planner Kit for an Ongoing Relationship

No Complicated Legal Language – Just plain English questions about your personal situation.

“The service provided by your company was second to none! The prenuptial contract process was seamless with all the details that I wanted plus more. The service, support, the contract, examples contract and everything that came with it was faultless! I highly recommend your company and will with no hesitation use your service again! Well Done.” Nathan WaterstoneOakleigh Vic

Our fully secured ecommerce system allows you to purchase and download this Prenup Agreement Kit safely and with complete peace of mind .

This financial agreement kit includes a comprehensive manual that explains the law as it applies to this agreement. It will show you in simple terms how to thoroughly cover important legal requirements, and how to complete your agreement in detail. In addition, it contains alternative legal clauses and provisions you can use to personalise your agreement.

Frequently Asked Questions

Is a prenup legally binding in Australia?
Yes. Prenuptial agreements, known legally as Binding Financial Agreements, are enforceable under Section 90B of the Family Law Act 1975. For the agreement to be legally binding, both parties must receive independent legal advice before signing.

What does a prenuptial agreement template include?
Our lawyer-drafted template includes a written agreement in plain English, a step-by-step user guide, sample clauses to help personalise your agreement, and access to a legal review service if needed.

Can we write our own prenup in Australia?
Yes, couples can draft their own prenup using a legally compliant template. However, both partners must receive independent legal advice for the agreement to be valid under Australian law.

How much does a prenup cost in Australia?
The cost of a prenup through a lawyer can range from $5,000 to $10,000 or more. Our Prenup Kit offers a more affordable option, with the ability to add our Fixed Price Legal Review to make your agreement binding.

Is a postnup the same as a prenup?They serve the same purpose — the only difference is timing. A prenup is signed before marriage (under Section 90B of the Family Law Act), while a postnup is signed after marriage (under Section 90C).