What are the Pros and Cons of a Prenuptial Agreement?

A prenuptial agreement, also known as a binding financial agreement (BFA), is a legal document that outlines how a couple’s assets and finances will be divided in the event of separation or divorce. In Australia, prenuptial agreements are recognized by law and can be a useful tool for protecting each partner’s assets and financial interests. However, there are both pros and cons to consider when deciding whether to enter into a prenuptial agreement.


  1. Protection of Assets: A prenuptial agreement can protect each partner’s assets and property, ensuring that they are not divided in a way that is unfair or unexpected in the event of separation or divorce.
  2. Avoiding Legal Disputes: By clearly outlining the terms of the separation in advance, a prenuptial agreement can help to avoid legal disputes and expensive court battles.
  3. Customization: A prenuptial agreement can be customized to meet the specific needs and requirements of each couple, taking into account their unique financial situation and personal preferences.
  4. Clarity: A prenuptial agreement provides clarity and transparency about each partner’s expectations and obligations, reducing the risk of misunderstandings or disagreements in the future.


  1. Unromantic: Some people may view a prenuptial agreement as unromantic or pessimistic, and feel that it undermines the trust and commitment in a relationship.
  2. Legal Costs: The process of drafting and negotiating a prenuptial agreement can be time-consuming and expensive, and may require each partner to hire a lawyer.
  3. Changing Circumstances: A prenuptial agreement may not take into account changes in circumstances that occur after the agreement is signed, such as the birth of children or a significant change in income.
  4. Limitations: There may be certain limitations on what can be included in a prenuptial agreement under Australian law, such as provisions that are deemed to be unconscionable or contrary to public policy.

Overall, a prenuptial agreement can be a valuable tool for protecting each partner’s assets and interests in the event of separation or divorce. However, it is important to carefully consider the pros and cons and seek professional legal advice before entering into any legally binding agreement.

To make a confidential, no-obligation inquiry, please use our secured and encrypted New Client Form.