Certainty about money is one of the kindest things partners can give each other — before a marriage, during one, or after it ends. Michael drafts binding financial agreements properly, and gives honest independent advice on agreements you have been asked to sign. Done carefully, or not at all.
A binding financial agreement — a "prenup", in everyday language — lets a couple decide privately how their property and finances would be dealt with if the relationship ended, instead of leaving it to the court. Made properly, it is binding without any court approval. That freedom comes with strict legal requirements and real consequences, which is why many firms avoid this work altogether. Michael's view is different: these agreements are worth doing — carefully, honestly, and with both eyes open.
Because agreements can be challenged, quality is everything: full and frank disclosure, terms that are workable years later, genuinely independent advice for both parties, and no signing under pressure. Where a settlement's assets include a business, an investment property or a build in progress, Michael's engineering background means the numbers get read properly — not taken on faith.
Michael acts for clients across the Hills District — Castle Hill, Kellyville, Baulkham Hills, Bella Vista, Rouse Hill and surrounds — and throughout Sydney and NSW, in person at the Norwest office, by phone or by video.
Protecting what each of you brings in or builds along the way — a home, a business, an inheritance, children from an earlier relationship. Raised early and done fairly, a prenup is planning, not pessimism. Timing matters: never on the eve of the wedding.
An alternative to consent orders for finalising a property division privately. Whether a BFA or consent orders fits better depends on your timing and goals — it is one of the first questions Michael answers with you, honestly.
The law says you must get independent advice before signing — use that protection properly. Michael reviews the agreement, tells you plainly whether it serves you, negotiates where needed, and provides the certificate or statement confirming that the required independent legal advice has been given. Fixed fees where the scope allows.
Yes — Australia does not use the American term, but a prenup here is a binding financial agreement under the Family Law Act, and it can be made before marriage, during a marriage or de facto relationship, or after separation. To be binding, strict requirements must be met, including that each party receives independent legal advice from their own lawyer before signing, with signed statements confirming that advice. Courts can set agreements aside in limited circumstances, which is exactly why careful preparation matters more here than in almost any other document a couple signs.
Yes. The law requires each party to a binding financial agreement to receive independent legal advice from their own lawyer about the effect of the agreement and its advantages and disadvantages, with a signed statement of advice from each lawyer. One lawyer cannot act for both of you. Michael acts for one party only, and can suggest how the other party might go about finding their own adviser.
Consent orders are approved by the Court. In a property settlement, the Court must be satisfied that it is appropriate to make the orders and that the proposed outcome is just and equitable. In practice, consent orders are usually sought after separation, once the parties have reached agreement about how their property, liabilities and superannuation are to be divided.
A binding financial agreement, often called a BFA, is a private agreement between the parties. It does not require Court approval when it is made, and there is no upfront Court review of whether the agreement is fair. A financial agreement can be made before, during or after a marriage or de facto relationship.
That flexibility is one of the main advantages of a BFA, but it is also one of its risks. Because there is no Court approval process, the legal advice, disclosure and drafting requirements are particularly important. Which option is appropriate will depend on the timing, the parties' objectives, and whether the agreement is intended to deal with an existing separation or to regulate future financial arrangements.
In limited circumstances, yes. A Court may set aside a financial agreement on grounds including fraud, material non-disclosure, duress, undue influence, unconscionable conduct, impracticability, or a material change in circumstances relating to the care, welfare and development of a child where hardship would result if the agreement were not set aside.
A financial agreement may also be vulnerable if the statutory requirements for it to be binding have not been met, including the requirement that each party receive independent legal advice before signing about the effect of the agreement on their rights and the advantages and disadvantages of entering into it.
The High Court's decision in Thorne v Kennedy illustrates the risks where an agreement is signed under significant pressure shortly before a wedding. Careful drafting, proper disclosure, genuinely independent legal advice, and sufficient time to consider the agreement are critical to its durability.
Do not sign under pressure, and do not treat the required legal advice as a mere formality. The advice requirement exists to protect you.
Michael can review the agreement, explain in plain English what rights you may be giving up and what benefits you may receive, advise on whether the terms require negotiation, and provide the certificate or statement confirming that the required independent legal advice has been given.
If the agreement is not in your interests, you will be told that clearly before you sign, not after.
Signing a financial agreement can significantly affect your rights to seek property settlement, spousal maintenance or superannuation splitting orders in the future, so the terms should be considered carefully before execution.
What a binding financial agreement can and can't do, the strict signing rules, and why timing is everything.
Read article →Two very different ways to make a financial agreement stick — and how to choose between them.
Read article →Where your biggest asset is actually pointing — worth checking whenever your financial arrangements change.
Read article →The information on this page is general in nature and is not legal advice. What is right for you depends on your circumstances. For advice about your situation, contact Michael Campbell Law.
The first conversation is a free 15-minute phone call — an honest view of whether an agreement fits your situation, and what doing it properly involves.