Pre Marriage Divorce Agreement Template for Australia

A Pre Marriage Divorce Agreement, also known as a prenuptial agreement or binding financial agreement, is a legal contract you create before marriage to establish how your financial affairs will be managed during and after your relationship. Under Australian law, specifically Part VIIIA of the Family Law Act 1975, these agreements allow you to override the standard property settlement provisions that would otherwise apply in case of separation or divorce.

When do you need this document?

You should consider a Pre Marriage Divorce Agreement if you have significant assets, own a business, expect to receive an inheritance, or have children from previous relationships. It's particularly valuable if you're entering a second marriage with existing financial obligations or if there's a substantial difference in wealth between you and your partner. The agreement becomes essential when you want to protect family assets, maintain separate business interests, or ensure specific provisions for children from previous relationships. Many couples also use these agreements to clarify financial responsibilities during marriage, such as how household expenses will be shared.

Key legal considerations

Your agreement must include complete and honest financial disclosure from both parties, detailing all assets, liabilities, and income sources. Both you and your partner must receive independent legal advice from separate lawyers before signing, and your lawyers must provide certificates confirming this advice was given. The agreement should clearly define what constitutes separate property versus marital property, specify how future assets will be treated, and address spousal maintenance obligations. Consider including provisions for review periods, especially if your circumstances change significantly. The document must be properly executed with witnesses and cannot be unconscionable or obtained through duress, fraud, or undue influence.

Legal requirements in Australia

Under the Family Law Act 1975, your Pre Marriage Divorce Agreement must meet strict formal requirements to be legally binding. Both parties must receive independent legal advice before signing, and each lawyer must provide a certificate stating they explained the agreement's effect and advantages and disadvantages to their client. The agreement must be signed by both parties and properly witnessed. Full financial disclosure is mandatory, typically requiring detailed schedules of assets, liabilities, and income. The agreement cannot be unconscionable, meaning it must be fair and reasonable in the circumstances. Courts retain the power to set aside agreements that don't meet these requirements or where circumstances have changed significantly since signing.