What Does a Prenup Agreement Look Like?
If you’re considering a prenuptial agreement, it’s natural to wonder what one actually looks like before you commit to the process. Seeing a real example can take the mystery out of it.
A financial agreement made before marriage is more commonly known as a prenuptial agreement, or ‘prenup’. So whether we use the term financial agreement or prenuptial agreement, we’re talking about the same thing.
Essentially, a prenup is a practical plan for how assets, debts and other financial matters will be dealt with if the marriage breaks down. It’s recognised and enforceable under section 90B of the Family Law Act 1975.
Financial agreement made before marriage - prenuptial agreement
A financial agreement made before marriage is more commonly known as a prenuptial agreement or 'prenup'.
So whether we use the term financial agreement or prenuptial agreement, we are talking about the same thing.
So what does it actually cover? A prenup commonly addresses:
Let's look at a sample prenup agreement
Below are real excerpts from an actual prenuptial agreement drafted from one our prenup template kits, with names changed for privacy. We’re showing snippets, not the full document – a complete agreement runs to many more clauses covering your specific circumstances – but this gives you a genuine feel for the structure and language involved.
In this example, Graeme and Lucy-Anne are engaged to be married. Every prenup starts by identifying the parties.
The recitals set out the key facts the agreement relies on, including, in this case, a detail that makes the agreement particularly important: Lucy-Anne’s visa status.
This is a good example of why prenups aren’t only for the wealthy or for second marriages. In this case, Graeme and Lucy-Anne are using one to bring clarity to their relationship with its own particular circumstances, before they marry.
The Agreement will detail each party’s income and earning capacity at the time of signing, as well as business holdings like businesses, companies or trusts.
This kind of detail matters – it’s part of what gives the agreement its evidentiary weight if it’s ever challenged later. Both parties’ financial positions are on the record, in their own words, at the point they signed.
The agreement separates what each party brings into the marriage as separate property and that property will be listed in the Assets and Liabilities schedule.
And what’s built together is defined separately as joint property.
More Sample Excerpts from RP Emery’s Prenup Agreement Template Kit – Assets and Liabilities Schedule
Every prenup includes a financial statement for each party, listing what they own and owe individually. Here’s Graeme’s, from the same sample agreement – account numbers have been partially masked – there is no need to list all the details, just enough so that if anyone is looking at the document in the future, the financial details are crystal clear.
Why timing matters?
Getting married soon?
It’s inadvisable to enter a prenuptial agreement within eight weeks of your wedding. You won’t find this written into the Family Law Act 1975 itself – it’s a practical safeguard, since signing too close to the wedding date can leave the agreement open to a claim of undue influence later.
If you’re running out of time before the big day, you can still formalise things afterwards with a postnuptial agreement, which works just as effectively once you’re married.
Why a Sample Isn’t Enough and Why the Document Itself Matters
Seeing a sample prenup is a useful starting point – it helps you understand how the document is structured and what it actually covers. But it’s important to understand that a prenup isn’t legally binding in Australia simply because it exists on paper.
Under the Family Law Act 1975, a Binding Financial Agreement must meet specific formal requirements before a court will uphold it. Two things must happen:
- Independent legal advice for both parties
Each person must receive independent legal advice from a separate legal practitioner before signing. That means one lawyer advising one party, and a different, independent lawyer advising the other, not the same person advising both, and not signing without advice at all. Each lawyer then provides a signed certificate confirming the advice was given. Those certificates become part of the agreement itself. Without them, the agreement isn’t binding, regardless of how well the document is written. - The document must comply with Australian law
This is where free templates, overseas documents, and AI-generated agreements typically fall short. A prenup that works in the US, UK, or anywhere else does not comply with Australia Law. The Family Law Act 1975 has specific requirements about what must be included, how the agreement must be structured, and what it can and cannot cover. A document that doesn’t meet those requirements will be set aside by a court, even if both parties signed it willingly and in good faith.
The same applies to free templates found online, or documents generated by AI tools. These may look like a prenup. They may even use the right language. But unless the document has been prepared in accordance with the Family Law Act’s requirements, it isn’t going to protect you when it matters most – and you likely won’t find that out until it’s too late to fix it.
What actually makes a prenup binding
It’s the combination of a compliant document and independent legal advice for both parties. Neither alone is sufficient. This is why RP Emery’s prenup kit includes a document drafted by legal professionals specifically for Australian law, plus a fixed-price Legal Review Service where each party receives independent advice and the required certificates – so the agreement is complete, not just signed.
Ready to put your own prenup in place?
Get a professionally drafted prenuptial agreement template, in plain English, with the guidance and support to make it legally binding.