A prenuptial agreement or “prenup” is a Binding Financial Agreement between couples made before parties marry or enter into a de facto relationship. It generally covers financial matters but may include other issues as well (such as spousal maintenance). In Australia’s family law system, the term prenup is not normally used.

These Agreements address how to divide the assets and resources if a marriage or relationship breaks down, and effectively excludes the Courts and the principles set out in the Family Law Act from determining how the property pool should be divided.