MELBOURNE PRENUP & BFA LAWYERS
Transition From Research to Certainty: Secure a Legally Binding Prenuptial Agreement
While researching prenuptial agreements online may offer general context, it cannot provide legal enforceability or protect your financial assets.
Under the Family Law Act 1975, downloadable templates, internet forms, and informal agreements carry no legal standing in Australia absent both parties receiving independent legal advice. For a Binding Financial Agreement (BFA) to be legally valid and enforceable, each party must receive independent legal advice from a qualified family lawyer who must provide a signed legal certificate confirming that advice.
Rather than navigating conflicting information, resolve your questions directly with an experienced family law practitioner. In an obligation-free 15-minute phone assessment, Nevett Ford will evaluate your individual situation, discuss your key objectives, and outline how our transparent fee structure applies to your matter.
Obligation-free and confidential. Understand your next steps before committing to a paid consultation.
Why Speak With Nevett Ford?
Enforceable legal compliance:
Independent legal advice and formal certification in strict accordance with the Family Law Act 1975, ensuring your agreement stands up to scrutiny.
150+ years of Victorian heritage:
Trusted Melbourne family law practitioners advising on hundreds of financial agreements annually.
Transparent cost guidance:
Upfront fee estimates provided for each stage of the process, reflecting our commitment to clear communication and working within projected costs.
Bespoke asset protection:
Discreet, solutions-focused advice tailored to safeguard real property, corporate structures, trusts, and family inheritances.
A Prenup Is About Clarity, Not Expecting the Worst
No one enters a marriage expecting it to end.
Preparing a prenup does not mean that you lack confidence in your relationship. It gives you and your partner an opportunity to discuss important financial matters while you are communicating openly and planning your future together.
A properly prepared agreement can help both of you understand:
- What each person is bringing into the marriage
- How particular property and debts are intended to be treated
- Whether business interests or family wealth need protection
- What financial arrangements may apply if the relationship ends
Making these decisions now may reduce uncertainty, difficult negotiations and potentially significant legal costs later.
Nevett Ford provides high-quality, compassionate and solutions-focused family law advice, with a personalised approach to each client’s circumstances.
What Can a Prenup Address?
Property and Investments
Clarify how homes, land, investment properties, savings and investments are intended to be treated.
Address business ownership, company shares, partnership interests and future business growth.
Trusts and Financial Resources
Consider interests held through family trusts, companies and other financial structures.
Inheritances and Family Gifts
Set out how an existing or expected inheritance, parental contribution or substantial family gift may be treated.
Debts and Liabilities
Clarify responsibility for mortgages, personal debts, business liabilities and other financial obligations.
Superannuation and Maintenance
Address superannuation interests and agreed spousal maintenance arrangements where appropriate.pectful dialogue and faster resolution for ongoing disputes.
A prenup does not determine parenting arrangements and cannot conclusively decide child support matters.
Why a DIY Prenup May Leave You Exposed
Financial Information Must Be Considered Carefully
The agreement should be based on a proper understanding of the relevant property, debts and financial resources.
Material non-disclosure is one of the circumstances in which a court may set aside a financial agreement.
A Template Alone Does Not Complete the Legal Process
DIY prenup kits can look like a simple and affordable option. However, a standard document may not reflect your finances, anticipate future changes or follow the process required for a Binding Financial Agreement.
The risk is not simply that the document contains the wrong words. It is that you may believe you are protected when important legal or financial issues have not been properly addressed.
Independent Advice Cannot Come From a Template
Each person needs independent legal advice from a separate lawyer about the effect of the agreement and the advantages and disadvantages of signing it.
A template alone cannot provide that advice or complete the supporting lawyer statements.
Timing and Future Changes Matter
Leaving the agreement until immediately before the wedding may create unnecessary pressure and leave less time for advice and negotiation.
The agreement should also consider foreseeable changes, including children, inheritances, property purchases, business growth and periods away from work.
Standard Clauses May Not Fit Your Finances
Generic wording may not properly address:
- A home or investment property
- A business, company or trust
- An expected inheritance
- Family assistance used to purchase property
- Children from an earlier relationship
- Significant differences in assets or income
Avoid Paying to Fix Preventable Problems Later
Saving money on a template now may result in far greater expense if the agreement later needs to be renegotiated, challenged or defended.
Starting with proper legal advice can help you understand the risks and prepare the agreement correctly from the outset.
Who Should Consider a Prenup?
Prenups are not only for the extremely wealthy.
A prenup may be relevant if you:
- Own a home, land or investment property
- Received help from your parents to purchase property
- Are bringing savings or other significant assets into the marriage
- Own property jointly with relatives or other parties
Consider legal advice if you:
- Own or co-own a business
- Hold shares or interests in a company or trust
- Expect the business to increase substantially in value
- Want to reduce uncertainty for business partners or co-founders
A prenup may help where you:
- Have children from a previous relationship
- Have previously been married
- Expect to receive an inheritance
- Have significantly more assets or income than your partner
- Want particular assets preserved for your children or family
The relevant question is not only how wealthy you are today. It is whether a clear agreement may protect your financial position and reduce the risk of a costly dispute later.
How a Prenup May Save Time, Stress and Money Later
Without a Clear Financial Agreement
If a marriage ends without a prenup, property and financial matters may need to be resolved through negotiation, mediation or court proceedings.
This can create uncertainty about:
Which assets form part of the property pool
How business interests will be valued or treated
Whether family contributions should be recognised
How debts and financial responsibilities will be divided
What each person may ultimately receive
With a Properly Prepared Prenup
A tailored agreement can record how you and your partner intend particular property, debts and financial resources to be treated.
This may help:
- Create greater financial certainty
- Protect specified assets or business interests
- Preserve family wealth or inheritances
- Narrow the issues that may need to be negotiated
- Reduce the risk of a lengthy property dispute
- Avoid some of the stress and expense associated with resolving financial matters later
No prenup can eliminate every possible risk. Careful advice, disclosure, drafting and timing can, however, help reduce preventable problems.
Start With an Obligation-Free 15-Minute Phone Assessment
You may still be researching prenups and may not be ready to commit to a full legal consultation.
The initial phone assessment gives you an opportunity to briefly explain your situation and learn what the next step would involve.
During the assessment, we can:
- Ask about your wedding or preferred completion date
- Understand the general nature of the property or financial interests involved
- Identify whether a prenuptial agreement may be appropriate
- Explain Nevett Ford’s process
- Outline the paid consultation stage
- Explain how further fees will be provided
What Happens Next?
If you decide to proceed, the next step will generally be a paid strategy consultation with a family lawyer.
During that meeting, your lawyer can consider your position in detail, explain the relevant legal issues and recommend how your agreement should be approached.
If you then engage Nevett Ford, you will receive clear information about the work involved and the fees before substantive work begins.
The 15-minute assessment does not include detailed legal advice or review of an existing document.
How Nevett Ford Guides You Through the Prenup Process
From the first conversation through to signing, our family law team will guide you through each stage, explain what is required and help keep the process moving.
We assess your situation
We begin with an obligation-free 15-minute phone assessment to understand your timing, general circumstances and what you are hoping to protect.
We will explain whether a prenuptial agreement may be appropriate and outline the next step.
We provide detailed legal advice
During a paid consultation, one of our family lawyers will review your financial position, priorities and concerns in greater detail.
We will explain how a Binding Financial Agreement may affect your rights, identify potential risks and recommend an approach suited to your circumstances.
We gather the relevant information and prepare your agreement
We will help identify the property, debts, business interests, inheritances and other financial resources that need to be considered.
Our lawyers will then prepare a tailored agreement that reflects your objectives, rather than relying on a generic template.
We manage amendments and negotiations
Your partner will need to obtain independent advice from a separate lawyer.
If their lawyer proposes changes, we will explain what those amendments mean for you, advise you on your options and negotiate on your behalf where required.
We guide you through signing and finalisation
Once the terms have been agreed and both parties have received independent legal advice, we will coordinate the signing process and complete the required lawyer statements.
We will ensure the final documents are properly exchanged and securely retained, and explain any future circumstances in which the agreement should be reviewed.
Why Choose Nevett Ford
More Than 150 Years of Legal Service
Nevett Ford is one of Victoria’s longest continually operating law firms and has provided quality legal advice for more than 150 years.
Extensive Financial Agreement Experience
The family law team advises on hundreds of prenuptial, postnuptial and Binding Financial Agreements each year.
Personalised, Client-Focused Advice
Nevett Ford’s lawyers take the time to understand each client’s present circumstances, future needs and individual concerns rather than using a one-size-fits-all approach.
Transparent Costs
We will let you know upfront what each stage of the process is likely to cost, as we believe in transparency with our clients, and we work within our fee estimates whenever possible.
Prenup Lawyers Who Understand Complex Assets and Future Risks
Richard Hamilton
Director and Head of Family Law
Richard has an extensive practice preparing prenuptial Binding Financial Agreements, advising clients on agreements drafted by other lawyers and identifying where potential challenges may arise.
His experience in complex, high-value financial matters includes business valuations, hidden assets, asset-tracing exercises, trust structures and the taxation consequences of financial settlements. This makes him particularly well placed to advise clients whose prenup involves businesses, companies, investments or complex family wealth.
Richard takes a responsive and practical approach, helping clients understand the risks, make informed decisions and prepare an agreement that reflects what they are seeking to protect.
Jenny Christofidis
Special Counsel and Accredited Family Law Specialist
Jenny is a Law Institute of Victoria Accredited Family Law Specialist with more than 30 years of legal experience.
She advises on Binding Financial Agreements, complex property matters and negotiations involving taxation considerations. Her breadth of experience allows her to consider not only what a client owns today, but how property, financial structures and future changes may affect the proposed agreement.
Jenny provides experienced, considered guidance throughout the process, helping clients understand the agreement’s implications before they commit to its terms.
Erin Trantino
Senior Associate
Maggie Wang
Associate
Hannah Salisbury
Legal Assistant
Accredited Expertise & Trusted Networks
What our clients say
“Firstly, I can’t begin to thank you enough Nevett ford lawyers, you have all done such a great job with my case, I personally want to thank Stacey and Richard Hamilton for all the hard work that you have done. You have changed my life and every dollar spent was well worth it. You are very professional, responsive and compassionate. From the first day when I walked in, Richard gave me complete confidence unlike previous lawyers and with this, he was able to go above and beyond to help me and get fantastic results. Thank you Richard, and thank you to your whole team. I will definitely recommend you to everyone who needs your services.”
BRANKA
“The last 3 years I been liaising with Nevett Ford and I can finally say it’s all over I could have hoped for. To Richard Hamilton and the entire team at Nevett Ford I can’t thank you enough for your professionalism, hard work and dedication.”
Tarun
“I highly recommend using Nevett Ford Lawyers for your Family Law matters, especially Richard Hamilton. I found that whoever I spoke to from their office was always ready to listen and assist me with my queries in a timely manner.”
Maria
Prenup Frequently Asked Questions
Do both of us need separate lawyers for a Prenup in Victoria?
Yes. Each person should obtain independent legal advice from a separate lawyer before signing.
The advice should cover how the agreement affects that person’s rights and the advantages and disadvantages of entering into it. The advising lawyers also provide signed statements confirming that the advice was given.
How much does a prenuptial agreement cost?
The cost depends on the complexity of your assets, the drafting required and the amount of negotiation involved.
During the initial phone assessment, we can explain the paid consultation process. Before substantive work begins, we will provide clear information about the proposed scope and fees.
Can we use a DIY Prenup template from the internet?
A template may help you identify topics to discuss, but it does not replace tailored drafting and independent legal advice.
A generic agreement may also fail to properly address your assets, financial structures, disclosure obligations or future circumstances.
How far before the wedding should we start?
Start as early as possible, preferably several months before the wedding.
This gives both parties time to exchange financial information, obtain independent advice and consider any proposed amendments without unnecessary pressure. Nevett Ford advises that the process may take several weeks to a few months, depending on complexity and negotiation.
Protect Your Financial Future Before You Marry
A prenup is not about expecting your marriage to fail.
It is about making informed decisions, protecting what matters and reducing financial uncertainty before you begin the next stage of your life.
Speak with Nevett Ford’s experienced Melbourne family law team to understand whether a prenuptial agreement is suitable for your circumstances.