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In Australia, once you are married, you can no longer make a prenuptial agreement — but you can create a Binding Financial Agreement (BFA) after marriage, which serves the same legal purpose.
Under the Family Law Act 1975 (Cth), these are called postnuptial agreements or section 90C agreements. A postnuptial BFA allows married couples to outline how assets, property, superannuation, and liabilities will be divided if they separate or divorce.
To be legally binding, both parties must:
Sign the agreement in writing, and
Receive independent legal advice from separate lawyers confirming the effect and advantages/disadvantages.
At Adams United Lawyers, we specialise in drafting and reviewing Binding Financial Agreements before, during, and after marriage, offering fixed-fee legal services Australia-wide.
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