How to Protect Your Assets with a Prenuptial Agreement on the Gold Coast

Relax: Advance Family Law is here to explain how a well-crafted prenuptial agreement (known in Australia as a Binding Financial Agreement, or BFA) can keep both romance and your hard-earned assets afloat.

Key Takeaways

• A prenuptial agreement (BFA) is legally recognised under the Family Law Act 1975 and applies nationwide, including the Gold Coast.
• Full financial disclosure and independent legal advice are mandatory-skip them and your agreement may sink.
• Draft early (months, not days, before the ceremony) to avoid claims of duress.
• BFAs can protect businesses, investment properties, inheritances, and even Fido’s designer dog bed.
• Court challenges are rare when the agreement is fair, transparent, and properly executed.

Prenups Down Under: The Basics

Australia doesn’t have a Vegas-style quickie wedding chapel-but it does have federal rules for BFAs. Under sections 90B–90KA of the Family Law Act 1975, couples may set out how assets, debts and even future inheritances should be divided if the marriage ends. Because federal law applies uniformly, your Gold Coast pad is covered the same way as a flat in Melbourne or a cattle station in the Outback.

“A good prenup isn’t about mistrust-it’s about peace of mind, like sunscreen for your finances.”

Who Can Sign?

Any intending spouses (including same-sex couples) who are mentally competent and enter willingly. De facto partners can sign similar agreements under sections 90UC–90UF.

What Can It Cover?

Property, superannuation splits, spousal maintenance, debts, and anything else the parties agree-provided it’s not contrary to public policy (sorry, no clauses about “washing up immunity forever”).

Why Gold Coast Couples Should Care

• Booming Property Values – That beachfront apartment you bought in 2019 has probably jumped in value faster than a tourist on a hot sand dune. A BFA can earmark premarital equity for one party.
• Small-Business Hub – The Coast is packed with tradies, café owners and digital nomads. A prenup can ring-fence business assets, goodwill and even crypto wallets.
• Blended Families – With 1 in 3 Australian marriages being a second or subsequent union, BFAs help protect children from previous relationships.

And let’s be honest: no-one wants their surfboard collection hauled into court as “marital chattels”.

Legal Must-Haves in Queensland

Although family law is federal, the practicalities are local:

• Full and Frank Disclosure – Bank statements, share portfolios, investment properties-lay it all out like towels on Surfers Paradise.
• Independent Legal Advice – Each partner must obtain their own solicitor’s certificate confirming they understand the agreement’s effect.
• Proper Execution – Sign, date, witness, and store safely (preferably not between the pages of last year’s footy tipping guide).
• No Duress or Undue Influence – If one party signs two days before the vows while the celebrant practises outside, expect trouble.

Drafting Your Agreement: Step-by-Step

The Five-Step Surfboard to Success

• Choose Your Legal Team – Engage two experienced family lawyers.
• Gather the Numbers – Create a master spreadsheet of assets, debts, super and income.
• Negotiate Like Adults – Decide who keeps what if the marriage ends. Pepper the chat with humour, not ultimatums.
• Lawyers Draft & Swap – Solicitors draft, exchange, and tweak clauses until both sides grin (or at least stop scowling).
• Sign, Witness, File – Lock it in well before the bouquet toss.

(That’s your one permitted listicle-savour it like post-surf fish and chips.)

Pitfalls That Can Scuttle Your Prenup

Even the best Gold Coast lifeguard can’t save an agreement riddled with holes:

• Inadequate Disclosure – “Forgot” about that Bitcoin stash? The court won’t.
• Unconscionable Terms – A clause leaving one spouse penniless and pet-less raises judicial eyebrows.
• DIY Templates – Google Docs is great for recipes, less so for legally binding contracts.
• Last-Minute Signing – Courts smell coercion like seagulls smell chips.

A little diligence now beats an expensive courtroom showdown later-plus you’ll avoid becoming that cautionary tale at every barbecue.

Costs & Timeframes

Prices vary with complexity. If you co-own five Jet Skis and three investment units, budget on the higher side. Still cheaper than litigating a messy split-ask any divorce lawyer who drives a nicer car than the dentist.

Conclusion

A Binding Financial Agreement lets you say “I do” on the Gold Coast without whispering “I hope” to your accountant. By disclosing assets, seeking independent advice and signing well before the big day, you give love every chance to flourish-while keeping your wealth sun-safe.

Ready to draft a prenup that’s tighter than a wetsuit in summer? Advance Family Law can help you ride the wave with confidence. Book your consultation today and secure your financial happily-ever-after.