In Australia, these documents are formally known as a Binding Financial Agreement, but are often referred to as a ‘pre-nup’ or ‘pre-nuptial agreement’. Binding Financial Agreements set out what is to happen in the event that the relationship breaks down in the future, and can sometimes also contain provisions about what is to happen during the relationship. This agreement does not require going to Court or submitting any documents to the Court.

Binding Financial Agreements require both parties to have (separate) lawyers to give them advice and sign the document.