in Family Law

Benefits of a Prenuptial Agreement

As spring arrives and more couples are planning marriage, the time for an open and honest discussion about the future has never been important. A Prenuptial Agreement or Pre-Marriage Binding Financial Agreement provides clarity, confidence and peace of mind, building the foundations of trust and honesty in your relationship.

Spring is a time of renewal, of celebrating connection and dusting off the shackles of winter. With the return of the sunshine many are often motivated to spring clean their home or office, scrubbing out cupboards, sorting through paperwork and generally freshening up. With many couples also planning weddings in springtime and this is often a catalyst for them to ‘spring clean’ their relationship and enquire about a Prenuptial Agreement or a Pre-Marriage Binding Financial Agreement (BFA). In this modern century, a lot of couples and women in particular, are becoming more comfortable having an open and honest discussion about their finances. [1] For many, marriage is not just a moral or religious undertaking, but a joining of the lives of two people – including their financial concerns. The antiquated idea of a Prenuptial Agreement before marriage as a ‘planning to fail’ philosophy is slowly giving way to a more educated and informed way of thinking. [2]

5 Benefits of a Prenuptial Agreement

  • It fosters open and candid communication between you and your partner. Marriage is about commitment, and that includes financial commitments. You may already have plans on starting a family or buying a property together, a frank discussion about your current assets is no different.
  • By entering into a Prenuptial Agreement before making a commitment to each other, all your financial cards are out on the table so to speak. This provides for greater honesty and certainty in your relationship for the long term.
  • Unless there are legal grounds to do so, the effect of a Prenuptial Agreement is that both you and your partner have already decided how you should deal with the separation of assets and liabilities without any intervention from the courts. This means a quicker, more cost effective and less painful solution.
  • You can sort out your financial affairs while your relationship is in a healthy place. In the unfortunate event of separation or break up, making these kinds of decisions in a highly emotional state can be traumatic and overwhelming for both parties involved. Remember: there are no winners in divorce. Sorting out your affairs while you’re in a calm and rational state of mind is a logical decision.
  • We invest in many types of insurance for our own peace of mind, whether it’s car, health, life or even pet insurance. All in the unlikely case that an unforeseeable event occurs. Prenuptial Agreements can cut out the associated costs involved in protracted legal proceedings, providing “insurance”, certainty and peace of mind in a worst case scenario.

If you’re planning on getting married, a Prenuptial Agreement / Pre-Marriage Binding Financial Agreement can offer clarity, certainty and peace of mind for both you and your partner.

Need help? Inveiss Legal is an innovative practice of Australian registered and professionally indemnified lawyers. We are on hand 24/7 to provide low fixed fee drafting and preparation of Binding Financial Agreements including providing the required independent legal advice


[1] Surging Demand for prenups from ‘girl power’ entrepreneurs: http://www.telegraph.co.uk/women/sex/divorce/11139840/Surging-demand-for-prenups-from-girl-power-entrepreneurs.html

[2] To Prenup or Not: http://www.learnvest.com/2011/02/why-prenuptial-agreements-dont-equal-divorce/

Face Facts: A Prenup is commonsense: http://www.smh.com.au/lifestyle/life/blogs/citykat/face-facts-a-prenup-is-commonsense-20140130-31pw7.html