Property Settlement Law

Dividing property after separation can be especially challenging when businesses, trusts, or large assets are involved.

Forging Agreements That Protect What Matters Most

At THAMS Law Group, we offer calm, commercially-minded legal support to protect what you’ve built and secure your long-term financial wellbeing.

Understanding Prenuptial Agreements in Australia

In Australia, prenuptial agreements are known as Binding Financial Agreements under the Family Law Act 1975. These agreements allow couples to formalise how property, superannuation, debts and spousal maintenance would be handled if the relationship breaks down.

You can make a financial agreement:

  • Before marriage (a “prenup”)

  • During the relationship

  • After separation or divorce

To be legally binding, both parties must receive independent legal advice. The agreement must also comply with strict legal requirements. At THAMS Law Group, we make sure every detail is done right, so your agreement is enforceable, fair, and clear.

Should I consider a prenuptial agreement?

If you’re planning to get married or enter a de facto relationship, it’s worth having a conversation about your financial future.

A prenuptial agreement — legally known as a Binding Financial Agreement (BFA) — allows you and your partner to decide how your assets, debts and financial resources would be divided if you ever separate.

It’s not about planning for failure. It’s about protecting your future, reducing uncertainty, and entering your relationship with openness and shared understanding.

At THAMS Law Group, we help you navigate these conversations with care and professionalism — so you can make informed decisions now, and avoid unnecessary conflict later.

WHAT WE DO

Binding Financial Agreement Services

Clear Legal Advice, Tailored to You

We take the time to understand your goals and financial position. Whether you’re protecting significant assets, a business, future inheritance, or simply want to avoid confusion down the track, we’ll help you decide whether a prenuptial agreement is right for your situation — and guide you through the process from start to finish.

Drafting & Reviewing Agreements

We prepare financial agreements that are clear, compliant, and reflect your intentions. If your partner has already presented you with a draft agreement, we’ll review it thoroughly, explain your rights, and help you negotiate fair and reasonable terms. We also provide the required certificate of legal advice for compliance with the Family Law Act.

Protecting Complex Assets

If your property pool includes a business, trust, family company, or complex investments, we work closely with financial advisors, accountants, and valuers to assess true asset value and ownership structure.

We ensure any proposed division is legally sound, commercially sensible, and aligned with your long-term goals. If your financial circumstances involve family trusts, business interests, corporate structures or expected inheritances, we work closely with your accountant or financial adviser to ensure your agreement covers all relevant considerations.

Our goal is to preserve what you’ve built, while supporting open, respectful conversations that strengthen the foundation of your relationship.

What Can a Prenup Cover?

A prenuptial agreement can deal with:

  • Division of property, savings, superannuation and investments

  • Ownership or future sale of the family home

  • Business interests or partnership stakes

  • Spousal maintenance arrangements

  • Debt management or liability protection

  • Financial separation in the event of divorce or breakdown

What it can’t cover:
A financial agreement cannot include terms about child custody or child support, these matters are dealt with separately and must be determined based on the best interests of the child at the time of separation.

Planning Financial Agreements with Foresight and Fairness

At THAMS Law Group, we approach financial agreements with empathy, respect and precision. We understand these conversations can feel sensitive, but we also know how important they are.

We’ll guide you through the process with clear communication, practical advice, and a strong focus on long-term security. Our agreements are legally sound, commercially smart, and written in plain English, so there’s no confusion about what they mean or how they work.

Whether you’re protecting what you’ve built or planning your future together, we’re here to help you take this step with confidence.

FAQs

  • A property settlement in family law refers to the process of dividing the assets and liabilities between you and your ex-partner after separation or divorce. It allows both parties to move forward with financial independence.

  • No. You can begin your property settlement immediately after separation. In fact, it’s often best to start early, particularly if time limits may apply.

  • Not necessarily. Many property settlements are reached through negotiation or mediation. However, if an agreement can’t be reached, you may need the court’s assistance to finalise the settlement.

  • Property includes anything of value, such as houses, land, money, vehicles, superannuation, and even cryptocurrency. It can also include personal items like jewellery and furniture.

  • You can formalise your agreement via a binding financial agreement or by applying for consent orders. Both options help you avoid court and make your agreement legally enforceable.

  • If negotiation or mediation doesn’t resolve the matter, you may need to apply to the court for a property order. We’ll help you prepare your case and advocate for an outcome that reflects your contributions and needs.

  • Typically, each party is responsible for their own legal costs. However, in some cases, the court may order one party to cover the other’s legal fees if deemed appropriate.