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“Prenups” or pre nuptial agreements do exist in Australia, however they are called Binding Financial Agreements.

A “prenup” or pre nuptial agreement, is a contract entered into before a marriage that sets out what each party would receive as part of property settlement in the event the parties were to separate.

A “prenup” or pre nuptial agreement, is a way to avoid future disputes and court litigation. It is also a means of asset protection, as they are often designed to ensure that one party does not make a large claim against the assets that were owned by the other party before the relationship.

Binding Financial Agreements are not just for married couples. They can be entered into by de facto couples as well.

Binding Financial Agreements are not just for people planning to be married. They can be entered into in a variety of circumstances, including:

Before a marriage/ or the start of a de facto relationship. This is a traditional type of agreement used to avoid future disputes. The agreement could be designed to ensure that the assets you have accrued before the relationship don’t get caught up in a future claim if the parties separate.

During the marriage/ or de facto relationship. Just because you are married or in a relationship does not mean it is too late to enter into a Binding Financial Agreement. You can still enter into an agreement even after you were married. These agreements are often useful to try and avoid future disputes if a separation occurs.

After a Divorce/ or the end of a de facto relationship. . Again, even if you have separated from your spouse it does not mean it is too late to enter into a Binding Financial Agreement. These agreement can be used as an alternative to Consent Orders and as a way to put in place a property settlement without the need for the court to approve the agreement.

Auslex is proud to offer the expert services of a Law Society Accredited Specialist in Family Law, Adam Bye. Specialist Accreditation is only awarded to the most elite solicitors in their field, which means you can rest assured that at Auslex you will be getting the absolute best advice and legal support in your case.

We’d love to meet and talk to you.

Adam Bye
Accredited Specialist
Family Lawyer

Adam Bye is an experienced legal practitioner. An advocate who specialises in all forms of court work.

Adam is an experienced and respected criminal defence lawyer. He is ready to fight for your rights.

Hannah Little

Hannah is a keen and ambitious solicitor who has experience assisting in criminal law matters in NSW and Victoria.

She has a strong interest in criminal law and enjoys being able to help people navigate the law and get their lives back on track.

Elizabeth Windeyer
Elizabeth is enthusiastic about the law, so much so that at aged 36 she opted for a career change and commenced studying law by distance through the University of New England. In managing the rigors of a degree and her family, Elizabeth offers maturity, compassion and a determined attitude driven by a strong sense of justice.