What is a binding financial agreement in Victoria?
A binding financial agreement (often called a “prenup”, though they can be made before, during or after a relationship) sets out how assets are divided if a couple separates. Here’s how they work.
What they cover
They can deal with property, finances and spousal maintenance, and can be made before, during, or after a marriage or de facto relationship.
Strict requirements
To be binding, both people must get independent legal advice and the agreement must meet formal requirements. Miss these and it can be set aside.
When they can be overturned
A court can set one aside for things like non-disclosure, fraud, or if enforcing it would be unjust — so they’re not bulletproof.
Why get one
They can provide certainty and protect assets, especially in second relationships or where there’s a business or an inheritance involved.
How to get one the easy way
Post your matter once on ORLA Connect and get matched with Victorian family lawyers — note each partner needs their own independent lawyer.
Considering a binding financial agreement?
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Post your matter — freeIs a prenup legally binding in Australia?
Can a binding financial agreement be overturned?
Do we each need our own lawyer?
This article is general information only and is not legal advice. For advice about your situation, post your matter and a matched Victorian law firm can help.