Binding financial agreements
Agree on the money while you still agree on everything else.
Prenups, cohabitation agreements and separation agreements, prepared under the Family Law Act so they say exactly what you both mean. Start with a free initial call and find out what you need, and what you don't.
No obligation. Meet at our Melbourne office or by video call.
Your free initial call
Minerva Law family team
A short, confidential call with no obligation.
- Tell us where things are at, in your own words
- Find out which agreement, if any, fits your situation
- Leave with a clear next step and how costs work
Why couples put it in writing
Nobody plans to separate. That's exactly why it's easier to agree now.
Without an agreement, the law decides how property is divided if the relationship ends, looking back over everything that happened. An agreement lets the two of you decide, calmly, ahead of time.
Before marriage or moving in
One of you is bringing more in
A home, a business, savings, an inheritance or money from family. A prenup or cohabitation agreement records what stays separate and what you'll share.
Living together
De facto couples have property rights too
After two years together, or sooner if you have a child or one of you has made significant contributions, a de facto relationship can carry the same property claims as a marriage. Many couples only find this out when they separate.
After separating
You've agreed, but it isn't final
A handshake deal or an email doesn't stop either of you going to court later. A separation agreement, properly made, closes the property side off so you can both move on.
Find your fit
Which agreement fits where you are?
Pick the stage that sounds like you.
Likely fit
A prenuptial agreement
Records what each of you brings in and how property, debts and super are dealt with if the marriage ends.
- A home, business or savings owned before the wedding
- An expected inheritance or family money
- Children from an earlier relationship
Timing tipStart months before the wedding, not weeks. An agreement signed under time pressure is easier to challenge.
Likely fit
A cohabitation agreement
The de facto version of a prenup, for couples moving in or already living together, including same-sex couples.
- One of you owns the home you're moving into
- You're buying together with unequal deposits
- One of you runs a business or company
Did you knowAfter two years together, sometimes sooner, a de facto couple can have the same property claims as a married one.
Likely fit
A new or updated agreement
You can make an agreement at any point in the relationship, or replace one you already have.
- A business has been started or bought
- Family has helped with a deposit
- An existing agreement no longer reflects your lives
Worth knowingAn old agreement can be terminated or replaced. Bring it to the first call and we'll look at what's changed.
Likely fit
A separation agreement
Makes what you've agreed final and binding, so the property side is closed off without a court hearing.
- You've agreed how to divide things
- You want it final, not a handshake or an email
- Super, a business or a trust is involved
Watch the clockProperty claims have time limits after a divorce, or after separation for de facto couples. Ask us on the first call.
What we do
Agreements for every stage of a relationship
Binding financial agreements can be made before, during or after a marriage or de facto relationship. We prepare them, review the ones your partner's lawyer has drafted, and give the independent advice the law requires before you sign.
Prenuptial agreements
Made before the wedding. Sets out how property, debts and super are dealt with if the marriage ends. Best started months ahead, not weeks.
Cohabitation agreements
For couples moving in together or already living together. The de facto equivalent of a prenup, including same-sex couples.
Agreements during the relationship
Circumstances change: a business is started, a property is bought, family helps with a deposit. You can make or update an agreement at any point.
Separation agreements
Records how property and finances are divided once you've separated, so the arrangement is final and binding without a court hearing.
Reviewing your partner's draft
If your partner's lawyer has prepared an agreement, you must get your own independent advice before signing. We explain what it means for you, in plain English, and negotiate changes.
Ending or replacing an agreement
An existing agreement can be terminated or replaced by a new one. We'll look at what you signed and what has changed since.
Need help with something broader? If your situation involves parenting arrangements, a contested property settlement or divorce, tell us on the first call. We'll explain where you stand and what the right next step is.
How it works
Four steps, and you'll know what's next at each one
Free initial call
A short call with our client team to understand your situation and confirm whether an agreement is the right tool.
Advice meeting
Your lawyer goes through your finances and goals, and what the law would likely do without an agreement. You get a written costs estimate before any work starts.
Draft and negotiate
We prepare or review the agreement. Your partner gets advice from their own lawyer, and we work through any changes between the two sides.
Sign with confidence
Before you sign, your lawyer gives you the independent legal advice the Act requires and signs the statement that confirms it.
Who you'll work with
An experienced family lawyer, with Minerva Law behind every matter
Minerva Law family team
Family law, Minerva Law
Your matter is handled by a Minerva Law family lawyer, with the firm's commercial team behind them where a home, a business, a company or a trust is part of the picture.
We'll tell you on the first call who will look after your matter and how they'll work with you.
What you can expect from Minerva Law
- Plain-English advice, explained before you're asked to decide anything
- Costs set out in writing before work starts
- A client team that keeps you updated, so you're never chasing
- Offices in Melbourne and Geelong, with video meetings across Victoria
- Experience with homes, super, companies and trusts in the property pool
Questions
Common questions about financial agreements
Is a binding financial agreement actually binding?
It is binding when it meets the strict requirements of the Family Law Act: it's in writing, signed by both of you, and each of you received independent legal advice before signing, confirmed by a signed statement from your lawyer. A court can still set an agreement aside in limited situations, such as fraud, pressure or a significant change in circumstances involving children. That's why the drafting, and the advice process, matter so much.
Does my partner need their own lawyer?
Yes. The law requires each person to get advice from their own lawyer before signing. We can act for one of you only. If your partner doesn't have a lawyer yet, we can suggest they find one early so the process doesn't stall.
We're not married. Can we still make an agreement?
Yes. De facto couples, including same-sex couples, can make the same kinds of agreements before moving in, while living together, or after separating.
What's the difference between a financial agreement and consent orders?
Consent orders are made by the court after separation, and the court checks that the outcome is just and equitable. A financial agreement is a private contract that can be made at any stage, including before a relationship starts. Each has advantages, and we'll tell you which suits your situation on the first call.
How long does it take?
It depends mostly on how quickly the two of you, and your lawyers, settle the terms. If it's a prenup, start well before the wedding. An agreement signed under time pressure is easier to challenge later.
How much will it cost?
Every agreement is different, so we don't publish fees. After your free initial call, you'll receive a written costs estimate before any work begins, so you can decide with the numbers in front of you.
Have the conversation now, while it's easy
A free initial call takes a few minutes and you'll leave knowing whether you need an agreement, what kind, and what happens next.
Monday to Friday, 9am to 5pm. Level 11, 456 Lonsdale Street, Melbourne.