From justicefamilylawyers.com.au: Prenuptial agreements, known as Binding Financial Agreements in Australia, can face issues such as lack of independent legal advice, undue pressure to sign, unfair terms, and mistakes in documentation.

If these problems arise, courts may invalidate the agreements under the Family Law Act 1975, particularly if they do not comply with legal requirements or if circumstances have significantly changed.

To ensure enforceability, both parties must obtain proper legal advice, and the agreements should account for potential future life changes.

Filed under: SME & Family Business