Signing

Prenup

A prenuptial agreement or a Binding Financial Agreement, is an agreement entered into before marriage or a de facto relationship. The prenuptial agreement can protect or quarantine assets and provide security and certainty about the division and distribution of assets if the marriage or relationship must end.

A prenuptial agreement has strict legal requirements that must be followed to ensure the agreement is binding and to ensure that the power of the Family Court to make decisions different to what is contained in the agreement is maintained.

The decision to have a prenuptial agreement is a very personal one.

Such an agreement may be considered when one party is bringing significantly more assets into the marriage or de-facto relationship than the other party.  A prenuptial agreement can protect assets for the children of a party. For a party who owns a business in partnership or with third-party Directors, a prenuptial agreement can protect that business from scrutiny and forensic investigation if the marriage or de-facto relationship ends.

  • FLPA

    Member of
    Family Law
    Practitioners'
    Association
    of Queensland

  • Family Law Section

    Family
    Law Council
    of Australia

  • Doyles

    Doyle’s Guide
    Recommended
    In Qld

  • FLPA

    Member of
    Family Law
    Practitioners'
    Association
    of Queensland

  • Family Law Section

    Family
    Law Council
    of Australia

  • Doyles

    Doyle’s Guide
    Recommended
    In Qld

Your pre-nups questions, answered
  • Question

    Answer