Yes. The most effective way to protect assets before marriage is a Binding Financial Agreement (BFA) — also known as a prenuptial agreement. A properly prepared and executed BFA can specify which assets remain yours, how jointly acquired assets will be divided, and protect business interests and inheritances from family law claims. Both parties must receive independent legal advice for the agreement to be valid.

A family trust can provide some protection, but it is not a complete shield. Courts can look through trust structures in family law proceedings, particularly where the separating party is the trustee or effectively controls the trust. The protection offered by a trust depends heavily on how it is structured and how it has been operated. We advise on the specific risks and benefits of your trust structure in a family law context.

A Binding Financial Agreement is a written contract under the Family Law Act 1975 that sets out how property will be divided if a relationship ends. When properly prepared — both parties must have independent legal advice and the agreement must comply with all statutory requirements — a BFA is enforceable. However, a court can set aside a BFA in certain circumstances, including if it was entered into by fraud, duress, or unconscionable conduct, or if it would result in impracticable hardship to a party.

If you believe your former partner is dissipating or concealing assets during separation, contact us immediately. We can apply to the Federal Circuit and Family Court of Australia for urgent injunctions to freeze assets, prevent property disposal, and compel financial disclosure. Both parties are under a legal obligation to make full and frank financial disclosure in family law proceedings.

An inheritance may be included in the family law asset pool, but how it is treated depends on factors including when it was received, how it was used during the relationship, the length of the relationship, and the size of the inheritance relative to the overall asset pool. We can advise on strategies to document and protect inherited wealth both before and after a relationship.

Yes. While longer relationships tend to produce larger and more complex property claims, even short relationships can give rise to property settlement claims under Australian law — particularly de facto relationships, where property rights can arise after just two years of cohabitation. Early legal advice can save considerable financial and emotional cost later.