Post Nuptial Agreement (Financial Agreement under s90C Family Law act 1975)
A postnuptial agreement (also called a post-nuptial or postnup agreement) is a legally binding financial agreement that a married couple makes under section 90C of the Family Law Act 1975. It is similar to a prenup but it is made after the wedding day and is for couple who intend to stay together. It sets out how the couple would divide their property, superannuation, debts, and other financial resources if the marriage ended, and it can also address financial support between them.
Couples decide to make a postnuptial agreement for various reasons. Some never got around to a prenup before the wedding and want the same protection now. Others find their circumstances change after the wedding: one partner starts a business, inherits a family property, or takes a career break to support the other’s income. A couple building a blended family might want to protect what each partner brought into the marriage for their own children. Whatever the reason, a postnuptial agreement gives a married couple the same control over their financial future that a prenup gives an engaged one. They just exercise it later.
The main benefit of this type of Financial Agreement is that it removes the need to enter extended litigation following a relationship breakdown. This is because it prevents the parties from going to Court for orders relating to the assets and liabilities covered in the agreement.
For just $147 our Binding Post Nuptial Financial Agreement kit gives you the framework for a compliant Post Nuptial contract that can put to rest disputes over asset or debt ownership.
Sitting down with your partner now to work out what your agreement needs to achieve, before you both run off to the lawyers, will save you considerable time, money and anxiety. Furthermore you’ll minimise the risk of having a lawyer draft a one sided agreement that fails to reflect the needs of either party.
If you are a De facto couple (opposite or same-sex) and not married you can still make a financial agreement under s90UC of the Family Law Act.
Get started from $49 – full pricing and process below.
Buy Continuing Relationship Agreement Kit Now – Just $49
How the Process works
This section explains how our process works in detail.
The Easier First Step
Start With the Relationship Agreement Kit including BFA Planner – Just $49
You can use this Relationship Kit if you are or planning to be married or de facto, hetero or same sex, whichever Australian state you live in. This Kit covers all scenarios.
Forget legal jargon and blank legal forms. Getting started here means answering a set of plain-English questions about your situation, in your own words, at your own pace.
We’ll ask about what you own and owe: property, super, savings, debts, vehicles, etc, and how you wish to divide it.
Alongside the BFA Planner, you’ll also have the plain-English User’s Guide, a step-by-step Process Guide, and a bonus Will Kit, because it’s important to update your Will when entering into a de facto or married relationship.
It’s a Word document you can save on your computer, step away from, and come back to. Nothing is sent anywhere until you choose to send it and there’s no pressure to have every answer ready before you start.
The completed BFA Planner is yours to keep and serves as a properly organised record of your property and finances, which is what a thorough property settlement needs.
When you do send your completed Planner to us for review, that’s what gets things moving. Your answers are used to build your draft Financial Agreement, drawing on the framework we’ve refined across thousands of BFAs since 2009 – reviewed personally by our team.
Then our team will be in touch. If your draft fits within the Legal Review Service, we’ll confirm it and talk you through what happens next; if it isn’t quite there yet, we’ll explain why and what still needs sorting.
If it’s ready to proceed, a payment of $990 gets your matter formally underway. From there, we work through the finer detail together by phone and email – the points people often miss – getting your agreement ready for the next stage.
Once that’s done, the final balance payment of $2,260 unlocks the next stage: two independent lawyers – one for each of you. They provide the advice and certification the Family Law Act requires. Your lawyer will finalise your agreement and provide the final version ready for signing.
Get Started with the Financial Agreement Kit for Ongoing Relationships – Just $49
“My partner and I wanted a binding financial agreement to protect our individual assets in case things in the future didn’t work out between us… Ian from RP Emery helped us through the agreement. Sourced solicitors, provided the correct form for our situation.” — Linda Whitby
A Look at the questions in the BFA Planner
No dense legal clauses to wade through here – just plain questions about your situation, with enough detail to meet the law’s disclosure requirements and no more. Below is a look at a few sample questions from the questionnaire, so you can see how the document is set out.
You can use this Relationship Kit if you are or planning to be married or de facto, hetero or same sex, whichever Australian state you live in. This Kit covers all scenarios.
How to Obtain the Required Legal Advice at a Fixed Price
Important note: Under the Family Law Act a financial agreement is binding only when it is signed by both parties and contains a certificate confirming that each party has obtained independent legal advice prior to signing the agreement.
Our financial agreement review service is available to assist you in completing the legal advice component of your FA at a LOW FIXED RATE of just $3,250 for both parties.
Just like thousands of other delighted customers, you too can minimise the financial and emotional cost of separation by using our questionnaire-led process and Legal Review Service.
How It Works and What It Costs
A simple process – a few honest questions, a confirmed understanding, a draft preview so you know what’s coming, then the independent legal advice that makes it binding.
Fixed Pricing — No Nasty Surprises
| Step | What’s Included | Price (inc GST) |
|---|---|---|
| 1. BFA Planner | Download, complete, and submit the BFA Planner – categories and approximate values only, no exact account numbers needed. Yours to keep regardless of what happens next. | $49 |
| 2. Submit & Confirm | We check we’ve understood your situation and intentions before anything proceeds – catching any gaps early, before you commit to the next stage. | Complimentary |
| 3. Fine-Tune | Your matter formally begins. We work through the finer detail together by phone and email – the points people often miss – getting your agreement ready for final Legal Review. | $990 |
| 4. Legal Review | Final payment unlocks the Legal Advice stage where both parties receive legal advice and certification from two independent lawyers, one for each of you. This is required to make your financial agreement binding. | $2,260 |
| 5. Sign | Once your lawyers are satisfied, you’ll receive the finalised version to sign. | — |
| Total Cost for Two People | $3,299 | |
Applies to most customers — complex structures (e.g. multiple companies, family trusts) may involve additional fees, confirmed with you before proceeding.
“I wanted to protect my assets with a prenuptial agreement. RP Emery website had a lot of information about their products… Their lawyers were professional & prompt in attending to essential legal advice.” robert777m
