Protect your future with clear, personalised legal advice from our Melbourne Prenup Lawyers. We specialise in drafting & reviewing prenuptial agreements (Binding Financial Agreements), helping you enter your marriage or de facto relationship with confidence & peace of mind.
With over five decades of legal experience, we bring deep understanding and professionalism to every prenuptial agreement, ensuring the protection of your rights and assets.
We offer upfront, transparent quotes so you know exactly what to expect—no surprises, just quality legal support at a fair price.
From initial advice to finalising your agreement, we ensure every detail is reviewed and tailored to your specific circumstances.
At Tonkin Legal, we provide expert guidance on prenups (Binding Financial Agreements) for both married and de facto couples. Whether you’re planning ahead or entering into a relationship with existing assets, we help safeguard your interests with clarity and care.
Our team ensures your agreement is legally sound, clearly worded and fully compliant with Australian family law, minimising future disputes and providing lasting peace of mind.
St John Heath, Partner at Tonkin Legal and an Accredited Law Specialist shares some helpful facts about the types of agreements available.
Entering a marriage or de facto relationship is a significant step, and protecting your assets and interests is crucial. At Tonkin Legal, our experienced family lawyers specialise in drafting and reviewing prenuptial agreements (Binding Financial Agreements). We guide you through the process to ensure your agreement is legally sound and tailored to your specific needs.
We focus on clarity, fairness and legal compliance to safeguard your future, whether you’re entering with significant assets or simply seeking peace of mind.
At Tonkin Legal, we specialise in drafting and reviewing prenuptial agreements (Binding Financial Agreements) tailored to your unique circumstances. Our experienced family lawyers ensure that your agreement is legally sound, fair and comprehensive, providing you with long-term protection and clarity.
Whether you’re entering marriage or a de facto relationship with assets or simply want to ensure financial fairness, we guide you through every step, ensuring all legal requirements are met for peace of mind.
It’s essential to obtain independent legal advice when creating a prenuptial agreement to ensure it is fair and enforceable. At Tonkin Legal, we provide expert legal counsel to ensure both parties fully understand their rights and obligations before signing any agreement.
Our team ensures you’re fully informed and confident in your decisions, offering unbiased advice that protects your interests and helps you enter into the agreement with trust and transparency.
With over 50 years of experience in family law, Tonkin Legal offers clear, practical advice and support for clients entering into or navigating Financial Agreements (prenups). We provide tailored solutions to protect your financial interests and secure peace of mind in your relationship.
We provide strategic, personalised advice to help you understand how a prenuptial agreement can protect your assets and clarify financial expectations in your relationship.
Our team drafts legally binding and carefully structured prenups that reflect your individual needs, ensuring fairness and future certainty for both parties.
We offer independent legal advice to ensure your rights and obligations are clearly understood before signing any agreement, an essential step for enforceability.
Already have a prenup? We review existing agreements to confirm their legal validity, fairness, and alignment with your current circumstances.
If your financial situation or relationship changes, we can help you vary or update your existing agreement to ensure it remains relevant and legally sound.
We provide legal guidance if you believe a prenup is unfair, signed under duress, or no longer valid, offering representation in court where needed.
We prepare Binding Financial Agreements for both married and de facto couples, tailored to protect assets, businesses, superannuation, and future entitlements.
In the event of separation, we assist with the division of property and financial assets, working toward a fair and efficient settlement through clear legal guidance.
Reach out today for a transparent, competitive quote on prenuptial (Binding Financial Agreement) services. Our fees are competitive with other Melbourne firms, but with Tonkin Legal, you gain the added benefit of personalised legal advice from a highly experienced family law team.
We offer fixed-fee options for many of our prenuptial services, and you’ll always receive a clear breakdown of costs, so you know exactly what you’re paying for. From initial advice and drafting to independent legal review, we’ll handle everything with care and precision. You can trust us to protect your future with a legally sound, fair and professionally prepared agreement.
PARTNER – Accredited Specialist in Family Law
St John Heath is a Partner at Tonkin Legal Group and a leading Family Lawyer in Victoria.
Accredited Specialist in Family Law
Richard Tonkin is a Consultant Lawyer and one of Victoria’s most experienced and respected Family Lawyers.
A prenuptial agreement, also known as a Binding Financial Agreement, is a legal document under the Family Law Act. Its primary purpose is to set out how financial matters, including individual assets and spousal maintenance, will be handled if a relationship breakdown occurs. It helps parties agree on what they feel is a fair and equitable outcome without needing to go through court proceedings.
Prenup agreements can cover property settlements, self-managed superannuation funds, spousal maintenance, child support (in a Binding Child Support Agreement) and how legal costs are handled after a relationship ends.
They require full and frank disclosure of financial circumstances and are tailored to avoid future family law disputes. However, child custody arrangements are determined separately, either privately or by the Federal Circuit and Family Court of Australia, based on the best interests of the child.
Under the Family Law Act, each person must receive legal advice from separate professional family lawyers for a prenup to be valid. This ensures both parties understand their rights, the agreement’s impact on their financial circumstances, and any risks.
Without independent legal advice, the agreement may be unenforceable during court proceedings or family law disputes.
Yes. Under the Family Law Act, both parties must provide full and frank disclosure of their financial circumstances when entering a prenup agreement. This includes all individual assets, debts, superannuation, and financial interests. Without proper disclosure, the agreement risks being set aside by courts, especially during family disputes or a contested separation process.
Prenups allow couples to set clear expectations about how individual assets and finances will be handled in a separation process. They can protect significantly more assets one party brings into the relationship, reduce the risk of family disputes, and minimise legal costs. With guidance from a family law expert, they can support a fair and equitable outcome and avoid the stress of attending court.
Prenups are private financial agreements created under the Family Law Act, whereas consent orders are approved by the Family Court after separation. Both can resolve property settlements and spousal maintenance, but consent orders involve court oversight.
Prenups are more flexible but must meet strict legal standards, including full and frank disclosure and proper legal assistance to be enforceable.
Not always. While the goal is a fair and equitable outcome, the courts may overturn a prenup agreement if it’s found to be unjust or one-sided, especially in cases involving family violence, power imbalance, or lack of independent legal advice. A properly drafted agreement with legal assistance and frank disclosure can greatly improve fairness and long-term enforceability.
Costs vary depending on complexity. On average, creating a prenup with legal assistance from professional family lawyers ranges from $2,500 to $6,000 per person. This includes providing legal advice, document drafting and review.
More complex arrangements involving self-managed superannuation funds, businesses or significant changes in assets may cost more, but many firms offer affordable services or fixed-fee options.
No. A prenup agreement is often a practical step to manage financial matters, especially where individual assets or children from previous relationships are involved. It helps set clear expectations, reduce potential family law disputes, and protect both parties during a relationship breakdown. A compassionate approach and open communication make the whole process easier and less confrontational.
Yes. If drafted properly under the Family Law Act and with independent legal advice, prenups are legally binding and recognised in family law settlements. They require full and frank disclosure and must be fair at the time of signing. A valid agreement can prevent court proceedings, offering a smoother alternative to resolving financial circumstances after separation.
Prenups may be overturned by the Family Court if they were signed under duress, without frank disclosure, or if one party didn’t receive proper legal advice. Agreements can also be set aside if significant changes, such as domestic violence, serious illness or major financial shifts occur. Courts focus on whether the agreement results in a fair and equitable outcome for both parties.
Relationship changes can cause uncertainty. Our Melbourne prenup lawyers help you safeguard finances & avoid stress. Book an Appointment now.
Tonkin Law is committed to protecting the privacy of our clients. Our team uphold the highest protection policies to minimise risk. Read more about our policy here.
Contact us today on (03) 9435 9044
8-10 Flintoff Street
Greensborough
VIC 3088
Email: mail@tonkinlaw.com
Fax (03) 9435 2452
PO Box 241, Greensborough VIC 3088DX98803 Greensborough