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Prenuptial and Cohabitation Agreements

Prenuptial & Cohabitation Agreements – Gold Coast Family Lawyers

Protect Your Assets & Secure Your Future

A Binding Financial Agreement, commonly referred to as a Prenuptial Agreement or Prenup or Cohabitation Agreement is a legally binding way to safeguard your assets in the unfortunate event of separation. Whether you are about to marry, move in together or already in a de facto relationship, these agreements provide clarity on how your assets, liabilities, and financial resources will be divided.

Our experienced Gold Coast family lawyers can help you draft a strong, enforceable agreement tailored to your specific needs. We can also provide independent legal advice on agreements prepared by your spouse’s solicitor. 

What Is a Prenuptial or Cohabitation Agreement?

A Financial Agreement sets out how your property and financial matters will be handled if your relationship ends.

  • Cohabitation Agreement – For couples already living together in a de facto relationship or marriage.
  • Prenuptial Agreement (Prenup) – For couples planning to marry who want to protect their financial interests.

Both agreements fall under the Family Law Act 1975 and can cover:

  • Protection of pre-relationship assets – Property, businesses, savings, superannuation
  • Debt protection – Ensuring one partner’s debts are not unfairly shared
  • Division of jointly owned assets – Outlining how property and investments will be split
  • Inheritance protection – Keeping family gifts or inheritances separate
  • Business security – Preventing disruption to a family or commercial business

By having a Prenup or Cohabitation Agreement, you gain financial certainty and reduce the risk of costly legal disputes.

Why Consider a Prenuptial or Cohabitation Agreement?

A well-drafted Financial Agreement offers several benefits, including:

  • Avoid Costly Legal Disputes – Minimises the stress and expense of property settlement battles in case of separation.
  • Protect Pre-Owned Assets – Ensures hard-earned wealth and investments stay with the original owner.
  • Safeguard Future Inheritance – Keeps family gifts or inheritances with the intended recipient.
  • Shield Business Interests – Prevents ownership disputes that could affect business operations.
  • Ensure Children’s Financial Security – Helps preserve assets for children from a previous relationship.
  • Debt Protection – Ensures you’re not liable for your partner’s personal debts post-separation.

These agreements provide peace of mind by ensuring fair financial arrangements are in place before issues arise.

Are Prenuptial & Cohabitation Agreements Legally Enforceable?

Yes, Prenups and Cohabitation Agreements are legally binding under Australian law if:

  • The agreement is properly drafted and executed
  • Both parties receive independent legal advice
  • It meets the requirements of the Family Law Act 1975

However, a poorly drafted agreement may be challenged in court. That’s why it’s essential to seek expert legal advice to ensure your agreement is watertight and enforceable.

Get Expert Legal Advice on Prenuptial & Cohabitation Agreements

If you’re considering a Prenup or Cohabitation Agreement, our Gold Coast family lawyers can help draft a legally sound agreement tailored to your circumstances.

Contact today to schedule a free and confidential initial consultation with one of our experienced family lawyers. To book an appointment, you can:

  • Call us on 07 5576 9999
  • Book an appointment online by clicking here
  • Fill out our online enquiry form by clicking here

Alternatively, you can get started online now and receive a free personalised welcome pack in minutes.

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Frequently Asked Questions (FAQs)

What is a binding financial agreement before marriage?

Often called a prenuptial agreement, it is a legally enforceable contract that sets out how property and finances will be divided if the relationship breaks down.

Are prenups enforceable in Australia?

Binding financial agreements are enforceable if each party receives independent legal advice and the agreement complies with the Family Law Act; courts can set aside agreements in cases of fraud, duress or unfairness.

Can cohabitation agreements cover property and spousal maintenance?

Yes, agreements made by de facto couples can deal with how property will be divided and whether maintenance will be paid if the relationship ends.

When should we make a financial agreement?

You can make a binding financial agreement before living together, during the relationship or after separation to provide certainty about property division.

Can a prenup be set aside?

Courts may declare an agreement invalid if it was signed under duress, does not meet legal requirements or is unconscionable in light of unforeseen circumstances.