FREE Australian Prenuptial Agreement

A free Pre Nuptial Agreement for use in Australia that can be used by a couple before getting married to pre-determine the distribution of assets in the event of a divorce.

Disclaimer:This was not drafted by an attorney & should not be used as a legal document.


This Prenuptial Agreement is made pursuant to Section 90 –B of the Family Act, 1975 (Cth) on this [Date] by and between:

Mr. [name of the First Party] [address of the First Party] hereinafter referred as the First Party, in the State of [Name of the State] and Ms. [name of the Second Party] [address of the Second Party] in the State of [Name of the State] acknowledge and declare that we intend to marry at [The place and venue of the wedding] on [the date of the intended wedding].

Herein now this agreement is made between the First Party and the Second Party disclosing and agreeing as follows based on the fact that both the Parties have received independent legal and/or financial advice:

Information on children of previous marriage(s) and/or relationships: The Parties herein disclose that _____________________________________________________________________________________

Occupancy of marital home upon dissolution, divorce and death: The Parties agrees that the Marital home shall be occupied by the First Party after the dissolution or divorce or death of either of the parties to this Agreement.

Details of the Assets: The First Party and the Second Party herein discloses that he/she is sole owner and in possession of the assets, which is provided in the appendix to this agreement. The Parties also declare that these assets are free from any encumbrance or charge or any third party right or liability unless disclosed otherwise by the party.

Expenses on sale of matrimonial home upon dissolution: All the expenses incurred by the Parties for the sale of matrimonial home upon dissolution of this Agreement including but not limited to the stamp duty, real estate agent fees etc shall be borne by both the parties equally. However, either of party shall have a first right available to purchase the matrimonial home upon the dissolution this agreement on the same term and conditions as available to any third party.

Duration of spousal maintenance: The duration of spousal maintenance shall be for a period of [] years or by entering into another marriage by such party, whichever happens earlier.

Responsibilities of the First Party and the Second Party: The First Party and the Second Party agrees on the following additional responsibilities towards each other:

First Party Second Party

_________________ ____________________

Date: Date:

The forms on this site are provided "As-Is." By using these forms you agree that you are using them at your own risk. Most of the free forms are not prepared by a lawyer and may need substantial modification. Additional disclaimers can be found in our Terms of Use.