Simple Prenup Agreement Template for Australia

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Key Requirements PROMPT example:

Simple Prenup Agreement

"I need a Simple Prenup Agreement for my upcoming marriage in March 2025, with specific provisions to protect my existing business interests and intellectual property rights, while ensuring fair treatment of any jointly acquired assets during the marriage."

Document background
The Simple Prenup Agreement is a crucial document for couples planning to marry in Australia who wish to establish clear financial arrangements before their marriage. This agreement, formally known as a Binding Financial Agreement under the Family Law Act 1975 (Cth), provides a framework for protecting individual assets, managing joint property, and establishing financial arrangements in case of relationship breakdown. It's particularly relevant for individuals with existing assets, business interests, or expected inheritances. The document must meet specific requirements under Australian law, including independent legal advice for both parties and full financial disclosure. While simpler than complex prenuptial agreements used for high-net-worth individuals, this document still provides comprehensive protection while remaining straightforward and accessible.
Suggested Sections

1. Parties: Identifies the parties entering into the agreement with their full legal names and current addresses

2. Background: Sets out the context of the agreement, including the parties' intention to marry and their desire to record their agreement about financial matters

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Interpretation: Sets out rules for interpreting the agreement, including general principles and specific contexts

5. Independent Legal Advice: Mandatory section confirming that both parties have received independent legal advice about the agreement

6. Separate Property: Details how existing property owned by each party will remain their separate property

7. Joint Property: Establishes how property acquired jointly during the marriage will be treated

8. Financial Support: Addresses any agreements regarding spousal maintenance or financial support

9. Binding Nature: Confirms the parties' intention that the agreement be binding and states the circumstances under which it can be terminated

10. Severability: Provides that if any provision is found to be invalid, the remainder of the agreement remains in effect

11. Governing Law: Specifies that the agreement is governed by Australian law and the relevant jurisdiction

12. Execution: Formal execution clause and signing requirements

Optional Sections

1. Business Interests: Section dealing with existing or future business interests, used when either party owns or may establish a business

2. Inheritance: Provisions regarding expected inheritances or family trusts, used when significant inheritances are anticipated

3. Overseas Property: Provisions dealing with property located outside Australia, used when parties have international assets

4. Children: Provisions regarding financial arrangements for existing or future children, used when relevant to the parties' circumstances

5. Debt Management: Specific provisions about handling existing or future debts, used when parties have significant debt concerns

6. Religious Requirements: Specific provisions to comply with religious marriage requirements, used when parties have religious considerations

7. Confidentiality: Provisions regarding privacy and confidentiality of the agreement terms, used when parties want additional privacy protection

Suggested Schedules

1. Schedule A - Assets and Liabilities: Detailed list of each party's assets and liabilities at the time of the agreement

2. Schedule B - Financial Disclosure: Comprehensive financial disclosure by both parties

3. Schedule C - Agreed Property Division: Specific agreements about how property will be divided in various scenarios

4. Appendix 1 - Certificate of Independent Legal Advice: Certificates from each party's lawyer confirming independent legal advice was provided

5. Appendix 2 - Property Valuations: Professional valuations of significant assets

6. Appendix 3 - Business Valuations: Valuations of business interests (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Legal Services

Wealth Management

Financial Services

Family Law

Private Client Services

Professional Services

Estate Planning

Relevant Teams

Legal

Family Law

Private Client

Wealth Management

Document Processing

Client Advisory

Estate Planning

Relevant Roles

Family Lawyer

Legal Partner

Legal Associate

Wealth Manager

Financial Advisor

Estate Planning Lawyer

Private Client Advisor

Legal Counsel

Relationship Manager

Family Law Specialist

Legal Document Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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