Hillwest Legal prepares prenuptial agreements for clients across the Hills District and Greater Western Sydney. A prenuptial agreement formally known as a binding financial agreement (BFA) made before marriage sets out how assets, liabilities and financial resources will be dealt with if the marriage ends. It's a practical way to protect what you're bringing into the relationship while starting your marriage with financial clarity.
Enquire Online Now →
We generally respond within 2 business hours.
How a prenuptial agreement works
- Initial consultation. We discuss your assets, liabilities and what you want the agreement to protect property, business interests, savings, expected inheritances or other financial resources.
- We draft the agreement. The prenup is prepared as a BFA under the Family Law Act 1975 (Cth). It covers the division of assets and financial resources, and can include provisions for spousal maintenance.
- Your partner gets independent legal advice. The other party must receive independent legal advice from their own solicitor. This is a legal requirement for the agreement to be enforceable.
- Both parties sign. Both of you sign the agreement, and each solicitor signs a certificate confirming they provided independent legal advice.
When you might need a prenuptial agreement
You own property before the marriage. If you're bringing a home, investment property or land into the relationship, a prenup can specify that it remains yours if the marriage ends.
You have a business. A prenup can protect your business and its future growth from being included in a property settlement.
You've received or expect an inheritance. If you've inherited assets or expect to a prenup can ensure they're treated separately from the marriage's shared assets.
You have children from a previous relationship. A prenup can help ensure that your assets are preserved for your existing children, rather than being subject to division in a future property settlement.
There's a significant asset imbalance. Where one party is bringing substantially more assets into the relationship, a prenup provides certainty about what each party is entitled to.
Prenuptial agreement fees
Fees depend on the complexity of the agreement and the assets involved. We provide a clear quote after the initial consultation. Both parties will incur legal fees one for drafting the agreement and one for independent legal advice.
Frequently asked questions about prenuptial agreements
Related services
- Post-nuptial agreements Made during a relationship.
- BFA drafting Full drafting service.
- Independent legal advice For the other party.
- Will and power of attorney Update your estate plan before the wedding.
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.