Hillwest Legal prepares post-nuptial agreements for clients across the Hills District and Greater Western Sydney. A post-nuptial agreement is a binding financial agreement (BFA) made during a marriage or de facto relationship. It allows couples to formalise financial arrangements such as protecting an inheritance, defining ownership of a new business, or updating terms from an existing prenuptial agreement while the relationship is ongoing.
Enquire Online Now →
We generally respond within 2 business hours.
How a post-nuptial agreement works
- Initial consultation. We discuss your current financial circumstances, what has changed since the relationship began (or since any existing prenup), and what you want the agreement to address.
- Drafting. We prepare the BFA under the Family Law Act 1975 (Cth), covering the specific assets, liabilities and financial resources you want to deal with.
- Independent legal advice. Both parties must receive independent legal advice from separate solicitors before signing.
- Execution. Both parties sign the agreement. Each solicitor signs a certificate confirming the advice was provided.
When you might need a post-nuptial agreement
One party has received an inheritance. If you or your partner receives a significant inheritance during the relationship, a post-nup can ensure it remains the recipient's separate property.
A business has been started or grown significantly. Where one party starts a business during the relationship, or an existing business increases substantially in value, a post-nup can define how the business is treated if the relationship ends.
You didn't get a prenup. Some couples don't think about financial agreements before the wedding. A post-nup achieves a similar outcome after the fact.
Circumstances have changed since your prenup. If your financial positions have shifted significantly since a prenup was signed new property, a career change, children a post-nup can replace or supplement the original agreement.
You want financial clarity in the relationship. Some couples prefer to have clear financial boundaries while the relationship is healthy, rather than leaving things uncertain.
Post-nuptial agreement fees
Fees depend on the complexity of the agreement. We provide a quote after understanding your situation. As with all BFAs, both parties will incur separate legal costs one for drafting and one for independent legal advice.
Frequently asked questions about post-nuptial agreements
Related services
- Prenuptial agreements Before the relationship.
- Separation agreements After separation.
- Superannuation splitting Include super in the agreement.
- Will and power of attorney Update your estate plan alongside a post-nup.
The information on this page is general in nature and does not constitute legal advice. For advice specific to your circumstances, please contact us directly.