How Long Does a Prenup Last in Australia?

If you are planning to marry in Brisbane, you may be wondering: how long does a prenup last in Australia? In most cases, a prenup, known in Australian law as a Binding Financial Agreement, lasts indefinitely.

It continues to operate throughout the relationship and in the event of separation, unless it includes a specific end date, a condition that brings it to an end, or it is later set aside or replaced.

Key takeaway: In Australia, a prenup usually lasts for the entire length of the relationship and separation, unless it is limited by a clause, changed by agreement, or set aside by the court.

What Is a Prenup in Australia?

In Australian family law, what most people call a prenup is a binding financial agreement made before marriage. It sets out how assets, debts, superannuation, and sometimes spousal maintenance will be divided if the relationship breaks down.

For couples in Brisbane and across Queensland, a prenup can:

• Protect pre-existing assets, such as a home or investment portfolio
• Clarify what happens to property you acquire during the relationship
• Deal with inheritances, family money, or business interests
• Reduce uncertainty and potential conflict if you separate

Each party must receive independent legal advice before signing, and the agreement must meet strict technical requirements to be enforceable.

Speaking with a local prenup lawyer can help you understand what can and cannot be included.

Key takeaway: A prenup in Australia is a Binding Financial Agreement that records how property, debts, and financial issues will be handled if the relationship ends.

How Long Does a Prenup Last in Australia?

As a general rule, a prenup in Australia does not have an automatic expiry date. Once properly made, it remains in force:

• During the marriage or de facto relationship
• If you separate
• At the time of property settlement or spousal maintenance negotiations

The agreement continues to apply until one of the following occurs:

• The parties sign a new financial agreement that replaces the previous one.
• The parties sign a termination agreement
• A court sets it aside
• The agreement itself says it ends after a certain time or event

So for Brisbane couples, unless you have written in an end point or later change or cancel it, your prenup will generally keep operating, even many years after it was signed.

Key takeaway: There is no standard expiry date for a prenup in Australia; it generally lasts until it is terminated, replaced, set aside, or brought to an end by a term in the document.

Clauses That Can Limit How Long a Prenup Lasts

Although a prenup usually lasts indefinitely, you can include clauses that limit its duration or change how it operates over time. Common examples include:

• Sunset clauses: The agreement automatically ends after a set period, such as 5, 10, or 15 years of marriage.
• Event-based clauses: The agreement ends or changes when a specific event occurs, such as the birth of a child, the sale of a business, or retirement.
• Staged arrangements: The percentages or entitlements change after certain milestones, for example, after you have been together for a particular number of years.

These types of clauses can help ensure the agreement remains fair and relevant as your circumstances change, particularly where you expect major life events such as children, business growth, or significant inheritances.

Key takeaway: A prenup can include sunset or event-based clauses so that it expires or changes when certain dates or milestones are reached.

Can a Prenup Be Changed or Revoked?

Even if your prenup was drafted to last indefinitely, it does not have to stay the same forever. It can be:

• Varied or replaced by a new financial agreement, provided both parties receive independent legal advice and the technical requirements are met
• Terminated by a separate termination agreement, again with proper legal advice
• Set aside by the court in limited circumstances, such as where there has been non-disclosure, pressure, unconscionable conduct, or a significant change that makes the agreement unjust

Couples in Brisbane often revisit their prenup when:

• They have children
• One partner leaves the workforce to care for children
• A business expands or is sold
• They receive a large inheritance or gift

Key takeaway: A prenup can be changed or brought to an end if both parties agree and follow the legal steps, or in some cases by court order.

Enforceability Over Time

The longer a prenup has been in place, the more important it is that it was properly prepared and still makes sense in light of current circumstances. Its enforceability can be challenged if:

• It was not properly drafted or signed
• One party did not receive genuine independent legal advice
• There was no full and honest financial disclosure
• The agreement has become seriously unfair due to significant changes, such as disability, long-term caring responsibilities, or unexpected financial hardship

To keep your prenup strong over time, it is wise to:

• Review it periodically, especially after major life events
• Update it where needed through a new agreement
• Keep records of the advice you received and the financial information exchanged

Key takeaway: A prenup can continue to be enforceable many years after signing, but its strength depends on proper preparation, full disclosure, and occasional review as your life changes.

Should You Review Your Prenup in Brisbane?

Even though the answer to how long does a prenup last in Australia is usually “indefinitely”, that does not mean you should leave it untouched forever.

If you live in Brisbane and your circumstances have changed, it may be time to review your agreement and check whether it still reflects what you both intend.