Prenups Law

When can I enter a Financial Agreement?

You are able to enter a Financial Agreement with the consent of both parties at the following stages of the relationship:

1. Prior to entering a de facto relationship;

2. Prior to marriage;

3. During a de facto relationship and prior to separation;

4. During a marriage and prior to separation;

5. After separation of a de facto relationship;

6. After a divorce order has been made.

For more information on Financial Agreements after separation has occurred, visit

How can I protect my assets prior to or during the relationship?

You can enter a Financial Agreement during your relationship in relation to property division and have certainty about what property you retain if you separate from your partner or spouse.

Pre-nuptial or Cohabitation Agreements set out how property division or property settlement will occur if you and your partner or spouse separate. They provide clarity and peace of mind to couples about the financial future. This can be particularly important where there are children from a previous relationship.

Common reasons for couples to enter Financial Agreements are:

1. To protect substantial inheritances or gifts received by one person in the relationship;

2. To protect assets acquired prior to the commencement of the relationship;

3. To protect a business or company; and

4. To ensure certainty in the event of separation.

The Agreement can provide that a range of assets and liabilities are kept separate and that if the relationship ends, one party can keep those assets and liabilities free from any claim by the other party. This can include a range of assets such as cars, savings and superannuation, not just property.

The Agreement can also set out how you will divide any assets that you purchase together during the relationship.

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