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The Australian Family Law Act allows couples (married or de facto) to enter into a binding agreement which sets out how their property is to be divided in the event the marriage or de facto relationship comes to an end.

Financial Agreement

In order for such an agreement (or pre-nup to use American terminology) to be binding it is necessary for the specific requirements set out in the Family Law Act to be met.  It is also important that any Financial Agreement (pre-nup) entered into at the start of or during the marriage or de facto relationship is drafted carefully and takes into account possible future events, such as the birth of children, to minimise the risk that a party to the Agreement will later apply to the Family Law Courts to set it aside.

We can help you decide whether a Financial Agreement (pre-nup) is right for you given your unique circumstances and negotiate the terms of any Agreement, draft the Agreement and advise in relation to any Agreement prepared (whether by us or your partner’s lawyer).


We understand it can be intimidating and confusing when you have to deal with legal claims. Take the stress out of the process and schedule a meeting with us to discuss your needs. To us, you’re not just a number, and we want to alleviate the pain you may be experiencing trying times. When you need family lawyers in Melbourne to assist you with legal issues, we’re here for you.