Prenup and Binding Financial Agreement Lawyers Sydney
Engaged, married or separating, we’ll help you put a financial agreement in place that is built to hold up if it’s ever tested. Your first consultation is a free phone call. From there, we’ll book your first meeting with a lawyer, who can tell you which agreement fits.
Prenuptial Agreement Lawyers
in Sydney
A prenup is a binding financial agreement (BFA) made under Part VIIIA of the Family Law Act 1975. It sets out what happens to your property, super and savings if the relationship ends. Our binding financial agreement lawyers in Sydney prepare these agreements, advise the partner asked to sign one, and finalise separations without court.
Most requests start with something specific: a unit bought before the relationship, a parent’s gift towards a deposit, or a second marriage with children from the first. Separated couples also use a BFA to make an agreed property split final.
Raising the subject with someone you love feels awkward. It helps to remember that a well-made agreement gives both of you certainty, not only the partner who asked.
We see clients at our offices in the CBD, North Sydney, Bondi Junction, Parramatta, Miranda and Marrickville. Couples in Queensland or Victoria can go to our Brisbane prenup page or Melbourne BFA page. Book your free confidential consultation below.
What You Can Expect From Our Sydney Prenup Lawyers
When you instruct us, the lawyer running your agreement will:
- Pin down exactly what you want to protect, and why it matters to you.
- Develop a bespoke case strategy for your prenup, post-nup or separation agreement.
- Update you after every draft, disclosure request and reply from the other lawyer.
- Advise you on the advantages and disadvantages of signing, as section 90G requires.
- Work to your wedding or settlement date.
Key Area To Know: If a BFA later moves property between you after separation, NSW can waive transfer duty under section 68 of the Duties Act 1997. The exemption isn’t automatic, and a transfer into a discretionary trust won’t qualify. Check Revenue NSW’s section 68 requirements or call its duties team on 1300 139 814.
Free First Consultation
Every new client receives a free initial consultation by phone. Tell us where things stand, including your wedding or moving-in date and whether a draft exists, and we’ll book your first meeting with a lawyer. At that meeting you’ll find out whether a BFA suits you, which section of the Act it would sit under, and what disclosure and costs to expect.
Some people leave deciding they don’t need an agreement at all. That’s a useful answer too.
Book your free consultation to get started.
Best Prenup Lawyers In Sydney
Family law is the only work Unified Lawyers has done since 2017, and the team has grown from 7 lawyers to over 45 family law specialists.
Alex Bourne, Partner and an Accredited Specialist in Family Law, advises on and drafts BFAs, including prenups under sections 90B and 90UB. Mark Youssef, a Partner and Accredited Specialist in Family Law, counts financial agreements among the matters he handles. Accreditation is peer-assessed, and the Law Society of NSW explains how it works.
The firm was recognised as the 2025 Specialist Family Law Firm of the Year by Australasian Lawyer. Disputes about agreements go to the Federal Circuit and Family Court of Australia, which sits in Sydney at the Lionel Bowen Building, 97-99 Goulburn Street. We write every clause for a judge who may read it there years from now.
Sydney's Specialist Family Law Firm Since 2017
Our Binding Financial Agreement Law Services
The Act lets couples sign at different points in a relationship. Each point has its own section and its own traps.
Prenups Before the Wedding (Section 90B)
Engaged couples sign under section 90B. The agreement can cover property each of you holds now or acquires before any divorce, and maintenance during or after the marriage. Its property terms have no effect until a separation declaration is made under section 90DA, so the agreement should spell out how that step works.
Post-Nups During the Marriage (Section 90C)
Already married? Section 90C covers agreements made at any point in the marriage, including after separation and before a divorce order. Couples often sign one after an inheritance, a business sale or a large investment, and our guide to postnuptial agreements explains when one makes sense.
A post-nup can also replace an older agreement that no longer fits, as long as the new one says so and you’re both parties to it.
De Facto Cohabitation Agreements (Sections 90UB and 90UC)
De facto couples, same-sex couples included, can sign before moving in or during the relationship. Watch one trap: under section 90UJ(3), a de facto agreement stops binding if you later marry each other. If a wedding is on the horizon, plan for a new agreement under the marriage sections.
Separation Agreements Without Court (Sections 90C, 90D and 90UD)
Separated and agreed on the split? A BFA makes it final privately, with nothing filed at court. Unlike consent orders, no judge checks whether the result is just and equitable, so your own lawyer’s advice carries the full weight.
It suits couples who value privacy and trust the advice they’ve each had. If either of you wants a court to approve the split, consent orders are the better route.
Advice on a Draft You've Been Sent
If your partner’s lawyer prepared the agreement, you need separate advice before you sign. You’ll get a plain-English account of what you would give up, the changes worth asking for and any gaps in the disclosure you’ve been given. If you decide to sign, we provide the signed statement of advice the law requires.
Parents and Family Members as Parties
Parents who help with a house deposit often want that money protected. Section 90B allows other people to be parties to the agreement, so a gift, loan or family trust interest can be recorded instead of argued about later. We make sure the document says plainly whether the money was a gift or a loan.
What a BFA Can and Can't Cover
A BFA can deal with:
- property and debts each of you has now or acquires later.
- super, which is treated as property and can be split under Part VIIIB.
- financial resources, such as an interest in a family trust or company.
- spousal maintenance, if the clause names who is maintained and the amount or property set aside for it (section 90E).
It can’t:
- decide where children live or how much time they spend with each parent.
- fix child support, unless the document also satisfies the binding child support agreement rules in section 80C of the Child Support (Assessment) Act 1989.
- stop a court ordering maintenance for a partner who, when the agreement took effect, couldn’t get by without an income-tested pension or allowance (section 90F).
The Section 90G Checklist
An agreement binds you both only if every step below is met. De facto agreements follow the same steps under section 90UJ.
- The agreement is in writing, states the section it’s made under, and is signed by both of you.
- Before signing, each of you receives independent legal advice on how it affects your rights and on its advantages and disadvantages.
- Each lawyer gives their own client a signed statement that the advice was given.
- A copy of each statement goes to the other party or their lawyer.
- The agreement hasn’t been terminated or set aside by a court.
Miss a step and the agreement isn’t binding unless a court declares it binding under section 90G(1A). That’s a court case, not a plan. The law requires legal advice only, not financial advice, and our article on the legal advice your BFA needs explains what it must cover.
Why Agreements Get Set Aside
Signing correctly doesn’t remove every risk. Under section 90K, or section 90UM for de facto couples, a court can set an agreement aside for non-disclosure, which the Act treats as fraud. Duress, undue influence, unconscionable conduct and impracticability are grounds too, as are hardship to a child after a material change and super that can’t be split.
No law sets a minimum time before the wedding, but pressure is much harder to rule out when the date is close. In Thorne v Kennedy, the High Court set aside a prenup and a later post-nup even though the wife’s own solicitor had advised her not to sign. Read what Thorne v Kennedy means for your prenup.
600+
5 Star Reviews and Thousands of Lives Transformed
At Unified Lawyers, results matter because they matter to you. We’ve helped more than 8000+ clients across Australia resolve their family law matters with care and expertise.
SOHAIL H
The team at Unified Lawyers has been amazing from start to finish. Everyone I dealt with, from the accounts team and customer service staff to the lawyers, was professional, friendly, and genuinely helpful. My lawyer, Santino Romanella, supported me through one of the most difficult and complex legal battles of my life. My case involved significant challenges, including interference from third parties, issues involving the misuse of AI, and modern issues of gender-based violence, but he remained calm, focused, and committed throughout the entire process. To me, Santino was like a soldier. He stood his ground, never gave up, and worked tirelessly to protect my rights at every step. No matter what came up, he handled everything with integrity, professionalism, and sound judgment. One piece of advice he often reminded me of was to “be still” and “have composure,” which really helped me stay grounded during such a stressful time.
Adam Piotrowski
Jessica Adamovich was outstanding to work with throughout my family law matter. From the very beginning, she listened carefully, understood my concerns, and provided invaluable guidance during what was a very challenging time. Her advice helped me approach each step with a calm, steady mindset, always focused on achieving the best possible outcome. Jessica built a strong professional relationship with me, which made it easy to ask questions and discuss any concerns I had along the way. I always felt supported, informed, and confident knowing she was in my corner. I would happily recommend Jessica Adamovich to anyone navigating the family law system. Her professionalism, knowledge, compassion, and dedication made a difficult process much easier to manage. Thank you Jessica
Adam H-Anderson
With Anushkas assistance, and overall hard work, my family matter has progressed with very positive results. I am very happy with how things have progressed, noting that these matters do take time as there is a process to follow, however, Anushka was very reassuring throughout the entire process, providing guidance and clarity for ease of understanding for all of the steps along the way. Donna was also instrumental in assisting with both family and other matters, which overall helped to maintain a positive outlook throughout a challenging period of time. I highly recommend the lawyers at Unified to anyone that is looking for assistance in working towards a positive, balanced and as fair as possible outcome for a given family matter. As my family matter had progressed to a final hearing, Jessica B. was instrumental in providing professional advice, while displaying genuine care for the matter, which further aided in achieving a positive result for my family. Jessica is exceptional in her role as a Senior Associate and I couldn’t be more satisfied with the advice and guidance I received through a very challenging period of time. Thank you very much Jessica and thank you to everyone at Unified, I genuinely appreciate all of your work and would recommend Unified Lawyers to anyone that needed genuine high quality legal assistance.
Jeshurun Henshaw
The customer service and professionalism from Unified Lawyers was outstanding. From the initial consultation to the actual work – this was executed in a professional manner. Working with Jordyn enabled me to have the confidence that my particular matter was going to be dealt with efficiently and professionally from a person with exceptional knowledge in family law. I thoroughly recommend Unified Lawyers.
Andrea Gartmann
Jordyn was outstanding to work with from start to finish. She was professional, knowledgeable, and made a complex process feel simple and manageable. At every stage, she explained things clearly and kept us fully informed, which gave us real confidence and peace of mind. Her communication was always prompt and friendly, and she genuinely took the time to understand our situation and what we needed. We always felt supported and like we were in very capable hands. We thank her from the bottom of our hearts. We’re extremely grateful for her hard work and would highly recommend Jordyn to anyone looking for a reliable, thorough, and trustworthy solicitor.
Caleb Thompson
I was extremely happy with Unified Lawyers (Jordyn Nicholson) especially when nobody else was able to help me with my case, Jordyn would however and she did help me a lot in a short space as well as short notice. Very professional and easy to converse with, she stands with great defence on your behalf.
5 Stars
Thank you Jordyn.
Thank you Unified Lawyers.
SOHAIL H
The team at Unified Lawyers has been amazing from start to finish. Everyone I dealt with, from the accounts team and customer service staff to the lawyers, was professional, friendly, and genuinely helpful. My lawyer, Santino Romanella, supported me through one of the most difficult and complex legal battles of my life. My case involved significant challenges, including interference from third parties, issues involving the misuse of AI, and modern issues of gender-based violence, but he remained calm, focused, and committed throughout the entire process. To me, Santino was like a soldier. He stood his ground, never gave up, and worked tirelessly to protect my rights at every step. No matter what came up, he handled everything with integrity, professionalism, and sound judgment. One piece of advice he often reminded me of was to “be still” and “have composure,” which really helped me stay grounded during such a stressful time.
Adam Piotrowski
Jessica Adamovich was outstanding to work with throughout my family law matter. From the very beginning, she listened carefully, understood my concerns, and provided invaluable guidance during what was a very challenging time. Her advice helped me approach each step with a calm, steady mindset, always focused on achieving the best possible outcome. Jessica built a strong professional relationship with me, which made it easy to ask questions and discuss any concerns I had along the way. I always felt supported, informed, and confident knowing she was in my corner. I would happily recommend Jessica Adamovich to anyone navigating the family law system. Her professionalism, knowledge, compassion, and dedication made a difficult process much easier to manage. Thank you Jessica
Adam H-Anderson
With Anushkas assistance, and overall hard work, my family matter has progressed with very positive results. I am very happy with how things have progressed, noting that these matters do take time as there is a process to follow, however, Anushka was very reassuring throughout the entire process, providing guidance and clarity for ease of understanding for all of the steps along the way. Donna was also instrumental in assisting with both family and other matters, which overall helped to maintain a positive outlook throughout a challenging period of time. I highly recommend the lawyers at Unified to anyone that is looking for assistance in working towards a positive, balanced and as fair as possible outcome for a given family matter. As my family matter had progressed to a final hearing, Jessica B. was instrumental in providing professional advice, while displaying genuine care for the matter, which further aided in achieving a positive result for my family. Jessica is exceptional in her role as a Senior Associate and I couldn’t be more satisfied with the advice and guidance I received through a very challenging period of time. Thank you very much Jessica and thank you to everyone at Unified, I genuinely appreciate all of your work and would recommend Unified Lawyers to anyone that needed genuine high quality legal assistance.
Jeshurun Henshaw
The customer service and professionalism from Unified Lawyers was outstanding. From the initial consultation to the actual work – this was executed in a professional manner. Working with Jordyn enabled me to have the confidence that my particular matter was going to be dealt with efficiently and professionally from a person with exceptional knowledge in family law. I thoroughly recommend Unified Lawyers.
Andrea Gartmann
Jordyn was outstanding to work with from start to finish. She was professional, knowledgeable, and made a complex process feel simple and manageable. At every stage, she explained things clearly and kept us fully informed, which gave us real confidence and peace of mind. Her communication was always prompt and friendly, and she genuinely took the time to understand our situation and what we needed. We always felt supported and like we were in very capable hands. We thank her from the bottom of our hearts. We’re extremely grateful for her hard work and would highly recommend Jordyn to anyone looking for a reliable, thorough, and trustworthy solicitor.
Caleb Thompson
I was extremely happy with Unified Lawyers (Jordyn Nicholson) especially when nobody else was able to help me with my case, Jordyn would however and she did help me a lot in a short space as well as short notice. Very professional and easy to converse with, she stands with great defence on your behalf.
5 Stars
Thank you Jordyn.
Thank you Unified Lawyers.
Affordable Prenup Lawyers In Sydney Without Sacrificing Expertise
- how complex your assets are, from two salaries and a home to a family trust or private company.
- whether we draft the agreement or advise on a draft someone else wrote.
- how many rounds of negotiation it takes.
- how close the signing date is.
Fixed fees
Fixed fees for defined stages where we can, such as advice on a finished draft.
Time interval billing
Time interval billing, usually an hourly rate, for drafting and negotiation.
Frequently Asked Questions About Prenup Lawyers Sydney
Do we each need our own lawyer for a prenup?
Yes. Section 90G requires each of you to receive independent legal advice before signing, so one lawyer can’t advise you both. If your partner’s lawyer wrote the draft, you need your own, and we’ll deal directly with that lawyer through negotiation and signing.
Can a binding financial agreement be overturned?
Yes, but only on the grounds in section 90K (or 90UM for de facto couples), such as non-disclosure, duress, unconscionable conduct or a material change affecting a child. An agreement also fails if the section 90G steps weren’t followed and a court declines to save it. Our article on whether a BFA can be overturned covers the cases.
Does a binding financial agreement need to go to court?
No. A BFA isn’t registered, filed or approved by any court: you sign it, exchange the lawyers’ statements and keep the originals safe. A court only gets involved if one of you later asks it to enforce or set aside the agreement, as the court’s own guide to financial agreements explains.
Is asking for a prenup a red flag?
Not usually. Most requests come from someone protecting something specific, like a home bought earlier, a family business or an expected inheritance. The warning sign is how it’s raised: a prenup presented as a take-it-or-leave-it condition of the wedding strains the relationship and weakens the agreement.
Can cheating void a prenup?
No. Divorce in Australia is no-fault, and infidelity isn’t one of the section 90K grounds for setting an agreement aside. We usually advise against clauses that try to penalise an affair, because the Act doesn’t weigh fault and such clauses invite arguments about what happened.
What drives the cost of a prenup in Sydney?
Mostly the complexity of your finances and the amount of negotiation. Two employees who each own a home need far less work than a couple with a family trust or private company. You’ll get a written estimate after your first meeting with your lawyer.
What legislation governs prenups in Australia?
The Family Law Act 1975 (Cth): Part VIIIA for married and engaged couples, and Division 4 of Part VIIIAB for de facto couples. It’s federal law, so an agreement signed in NSW follows the same rules as one signed in Queensland or Victoria. Duty on later property transfers is a state matter.
How do I choose the right prenup lawyer in Sydney?
Look for someone who practises only family law, ideally an Accredited Specialist, and who drafts and reviews financial agreements regularly. Ask who will actually advise you, how fees are charged and how they’ll deal with your partner’s lawyer. You should leave the first meeting understanding the risks, not just the paperwork.