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Family Law

Prenup lawyers in Ipswich and Springfield

In Australia a prenup is a binding financial agreement signed before you marry or move in together. Done properly, it gives both of you clarity about what's yours, what's shared, and what would happen if things ended. We'll tell you whether one suits you, and draft it so it holds.
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When a prenup makes sense

Not everyone needs one. Some people very much do.
A prenup is worth considering when one or both of you is bringing significant assets, a business or debts into the relationship, when either of you has children from a previous relationship whose inheritance you want to protect, when a substantial inheritance is expected, or when there's a large gap in earning capacity between you.

It's also common in second marriages. In each case the agreement does the same job: it records what you've decided while you're on good terms, so the decision isn't made under pressure later.
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What makes it binding

The requirements are strict, and skipping one can undo the whole agreement.
A prenup is enforceable only if it meets the Family Law Act's requirements. It must be in writing and signed by both of you, and each of you must receive independent legal advice from your own lawyer about how the agreement affects your rights and its advantages and disadvantages, with a signed statement from that lawyer attached. Both of you need to disclose your financial position honestly.

A court can set an agreement aside for fraud, non-disclosure, unconscionable conduct, or where circumstances have changed so that it's impracticable to carry out or would cause hardship to a child. We draft with those grounds in mind so the agreement is built to last.
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How we help

Advice first, then a document that reflects what you actually agreed.
We start by explaining what a prenup can and can't do. It can deal with property, financial resources, superannuation and spousal maintenance. It can't bind the court on parenting or child support.

Then we draft an agreement tailored to your circumstances, or review one your partner's lawyer has prepared, and provide the independent advice the law requires. If your situation changes later, a new child, a business, a move, we can review and update the agreement, because both of you can vary or end it by signing a further agreement with the same formalities.
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Looking for a different family law service?

Family law rarely arrives one issue at a time. Property, parenting, agreements and protection often overlap, so the pages below cover the rest of what we do. If you're not sure where your situation fits, call 0483 980 001 and we'll point you the right way.

Divorce and separation

Property settlement

Parenting arrangements

Consent orders

Binding agreements

Spousal maintenance

Domestic violence

Dispute resolution

Mediation and arbitration

Superannuation splitting

International family law

Living arrangements

OUR ACCREDITED NETWORK

Held to the standards the profession sets, not just our own.

Every Stanford Legal matter is guided by the professional bodies that set the standard for practice in Queensland, so you always know you're in trusted hands.
Why Stanford Legal

Plain advice on a document that has to hold for decades

A prenup is only as good as the advice behind it and the care in the drafting. We take both seriously, explain the agreement in language you'll understand, and tell you plainly if we think one isn't the right tool for what you're trying to protect.
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Meet your legal team

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Logan Stanford

Managing Director
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Victoria Eastwood

Legal Practice Director
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Janelle May

Practice Manager
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Jo-Anne Furlong

Associate Solicitor
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Laura Stuart

Senior Conveyancer
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Ryder Simms-Reeve

Paralegal
TESTIMONIALS

Trusted by families across South East Queensland

Couples across Ipswich, Springfield and Brisbane have come to us to get the money conversation done properly, before it needed to be.
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QUESTIONS

Frequently asked questions

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Is a prenup legally binding in Australia?
Yes, if it meets the requirements of the Family Law Act. A prenup is a binding financial agreement. It must be in writing, signed by both parties, and each party must have received independent legal advice before signing, with a signed statement of advice from each lawyer. It must not have been obtained by fraud or duress, and both people must have disclosed their finances. Miss a requirement and a court can set it aside.
Can a prenup cover children or child support?
It can record your intentions about the financial support of children, but those provisions are subject to the Child Support (Assessment) Act and the child's best interests at the time. Parenting arrangements can't be locked in by a prenup. Decisions about where children live and how they're cared for are always subject to the court's view of their best interests.
What if we can't agree on the terms?
Then there's no agreement, and nothing is signed. That's a feature, not a flaw. Some couples use mediation to work through the sticking points. If you still can't agree, you can marry without a prenup and your property would be dealt with under the Family Law Act in the usual way if the relationship ended.
Can a prenup be changed or cancelled later?
Yes, by agreement. Both of you can vary or terminate it by signing a new agreement that meets the same requirements, including independent legal advice for each of you. A court can also set a prenup aside on specific grounds, including fraud, non-disclosure, unconscionable conduct, or a significant change in circumstances relating to a child that makes the agreement impracticable or would cause hardship.

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