A marriage financial agreement is a legally binding contract that allows married couples to protect their assets before, during, or after marriage. Choose the right template for your stage below.
Protect your assets before getting married. A section 90B binding financial agreement made before marriage.
View template →Formalise financial arrangements during your marriage. A section 90C binding financial agreement made during marriage.
View template →Settle property and finances after separating from your spouse. A section 90C financial agreement made after separation.
View template →A marriage financial agreement (commonly called a "prenup" or "BFA") is a legally binding document under Part VIIIA of the Family Law Act 1975 that allows married couples to determine how their property and financial resources will be divided, without going to court.
These agreements can be made at three stages:
Our marriage financial agreement templates are suitable for all married couples in Australia, including same-sex marriages. The templates are drafted in gender-neutral language and comply with the Family Law Act 1975.
A prenuptial agreement (s90B) is made before the marriage takes place and only takes effect once you are legally married. A postnuptial agreement (s90C) is made after you are already married. Both serve the same purpose - protecting assets and setting out how property will be divided - but the timing differs.
If you are already married and don't have a prenup, a postnuptial agreement provides the same protections.
For the agreement to be binding under the Family Law Act, both parties must:
Our templates include the required statement and certificate clauses. See our lawyer panel for affordable independent legal advice.