Binding Financial Agreements

Binding financial agreements allow couples to set out how financial matters will be managed during a relationship or if circumstances change in the future. Clear agreements can provide certainty, reduce uncertainty, and support informed financial planning.

We help:

Clarify financial expectations and intentions between partners
Reduce uncertainty about how financial matters will be addressed if circumstances change
Support confident and informed financial planning

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Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)

First class advice, service, and communication. I have had the pleasure of working with Velocity Legal for many years across a range of challenging matters and they never fail to impress.

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Their meticulous attention to detail, unwavering professionalism and strategic approach have delivered an outstanding result. Their level of service is nothing short of impressive.

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We are an accounting firm that works closely with Velocity Legal on all our client's legal matters… Every client who works with their team is delighted and impressed by the clear advice, efficient communication, and seamless process.

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I highly recommend the team at Velocity Legal. They are extremely knowledgeable, professional, have an eye for detail and their work ethic is second to none.

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They provided so much support and guidance through the process and I felt like they genuinely cared about getting the right outcome for me. They obviously know their stuff but were able to explain things in a simple and clear way.

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We Understand What You Are Going Through

Raising the idea of a binding financial agreement can feel sensitive. Conversations about money, assets, and future possibilities are personal, and it is common to be unsure how these discussions may affect a relationship.

You may be entering a new relationship, remarrying, or bringing different financial positions into a partnership. You may simply want clarity and reassurance so both parties feel aligned moving forward.

We understand the importance of handling these matters with care. We help you approach binding financial agreements in a calm and considered way, so arrangements are clear and support confidence for the future.

Our Services Include

Preparing binding financial agreements for couples at different stages of a relationship
Advising on financial expectations, contributions, and future planning
Supporting discussions around assets, liabilities, and financial arrangements
Reviewing existing binding financial agreements
Assisting with updates where circumstances have changed
Providing a clear and structured process for documenting agreed arrangements

Our Difference

Accountability & Expertise

Every matter we handle comes with full accountability. You’ll deal directly with an expert – every time, no exceptions.

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Understanding your unique circumstances and goals - so our advice is practical, personal, and never given in a vacuum.

Transparency & Communication

We speak your language. That means plain, clear advice - what’s happening, why it matters, and what comes next.

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Our Process

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Fill in contact form or call our office to book an initial consult. You can choose between in-person or video conference.
Get Advice 
You’ll discuss your situation in depth with a senior lawyer. This includes exploring your requirements, goals, and desired outcomes. You’ll walk away from this meeting with a clear understanding of the next steps.
Achieve Outcomes 
Our legal team will work tirelessly to achieve your desired objectives. We work hard, communicate regularly, and pride ourselves on delivering results.

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You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

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Andrew Henshaw

Managing Director

Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)

What Terms and Conditions Form a Prenuptial Agreement?

A prenuptial agreement outlines the financial and property assets and debts belonging to each person in a couple who are intending to marry. It is created to protect each individual in the event of a relationship breakdown leading to a divorce or formal separation.

A prenup is usually only legally binding if the following applies: Read More

It’s put in writing; a verbal agreement doesn’t suffice.
All parties willingly sign the contract. No influence or coercion to sign the contract should be evident.
All assets and liabilities belonging to the individuals intending to marry are disclosed adequately.
A lawyer has provided and signed a statement confirming that they offered the couple legal advice.

A prenup is valid throughout the duration of the marriage unless both parties wish to amend or revoke it.

The content of a prenuptial agreement commonly includes:

The personal details of each party.
What will happen to assets and liabilities if the relationship ends?
The condition that one person is not permitted to give away assets and reduce the value of the joint wealth for the other party.
Conditions for what should happen in the event that one party dies during the marriage.

It is not a legal requirement to obtain a prenup before entering into a marriage. You and your partner should decide together whether or not you want to go ahead and create the prenup agreement. Some people worry about the effect it’ll have on their relationship, and others might be unsure about whether it’s worth it to go through the process. Our prenup lawyers in Melbourne can guide you through the process and advise you so you can make an informed choice.

Why Should My Partner and I Create a Prenuptial Agreement?

There are a number of reasons why you should consider putting together a prenup. The benefits can include:

The facilitation of a less stressful and emotionally fueled divorce and financial settlement, as terms have already been pre-agreed.
The chance to have important discussions about the future before getting married. These discussions can ensure that the couple is on the same page and both people are going into marriage with their eyes wide open.
As you’ll need legal advice, you will know what your obligations are before you enter into marriage, so there will be no surprises down the line.

What Help Can We Expect from Velocity Legal’s Prenup Lawyers in Melbourne?

The Family Law Act 1975 (Cth) clearly states that independent legal advice must be sought in order for a prenuptial agreement to be legally binding. Our prenup lawyers can offer the following services:

Advice on how to protect your assets in the event of a divorce or separation.
Draft the agreement itself and prepare documents confirming who has power of attorney and what should be done in the event of a life-threatening emergency affecting one of the parties.
Represent clients during hearings and court proceedings.

Even if you choose not to go through with the prenuptial agreement, it’s always worth having a discussion with our legal team at Velocity Legal so you can decide on the best course of action. Contact us today for more details. Read Less

Frequently Asked Questions

What is a binding financial agreement?

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A binding financial agreement is a written agreement made under Australian family law that sets out how financial matters are to be dealt with during a relationship or if it ends. These agreements are sometimes referred to as “prenups” or "prenuptial agreements", but the correct legal term in Australia is binding financial agreement.

When do people usually consider a binding financial agreement?

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Binding financial agreements are commonly considered before marriage, before or during a de facto relationship, or when significant financial or life changes are planned. They are often used as a proactive planning tool rather than in response to conflict.

Can a binding financial agreement help reduce uncertainty?

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Yes. Many people choose to put an agreement in place to create clarity and reassurance. Documenting expectations in advance can help reduce uncertainty if circumstances change later on.

Are binding financial agreements only relevant for high-value assets?

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No. Binding financial agreements are used by people in a wide range of financial circumstances. They focus on clarity and mutual understanding, not just asset value.