Many couples in Australia are turning to prenuptial agreements — officially known as Binding Financial Agreements (BFAs) — to bring clarity and security to their relationships. These agreements allow partners to decide how their assets, debts, and financial responsibilities will be handled if the relationship ever ends.

But one question often sparks debate: Can a prenup actually prevent one spouse from receiving spousal support after a separation?

The answer isn’t a simple yes or no. While a prenup can influence spousal support arrangements, there are important limits under Australian family law that ensure fairness and protect both parties.

Can a Prenup Eliminate Spousal Support Obligations?

In theory, yes — but only to a certain extent. A Binding Financial Agreement can include terms stating that neither party will claim spousal maintenance if the relationship ends. If both partners have received proper independent legal advice and entered into the agreement willingly, courts will usually uphold it.

However, Australian courts are also careful not to enforce agreements that would lead to an unfair or unjust outcome. If the court believes one spouse would face financial hardship or a drastic change in living conditions, it can step in and override the prenup’s spousal support provisions.

Imagine, for example, one partner develops a serious medical condition or becomes unable to work years after signing the agreement. In such cases, the court has the power to disregard the waiver of spousal support — even if it was clearly written in the BFA.

This is why couples are encouraged to work with experienced legal professionals when preparing their documents. The team at Justice Family Lawyers binding financial agreements can help ensure that every clause is not only legally compliant but also fair, balanced, and carefully considered for potential future scenarios.

When Can a Prenup Be Declared Unenforceable?

A prenup is meant to bring peace of mind — but it’s not immune to challenge. There are several circumstances under which a court may set aside or modify a Binding Financial Agreement.

If one partner didn’t receive independent legal advice, the agreement could be considered invalid. This rule exists to ensure that both parties truly understand the implications of what they’re signing. Similarly, if one person was pressured, misled, or lacked full knowledge of the other’s financial situation, the court may rule that the agreement was made under unfair conditions.

Fraud or non-disclosure is another major issue. Hiding assets, undervaluing property, or failing to disclose financial resources can all make a prenup unenforceable. Courts take transparency seriously — both parties must be upfront about their finances for the agreement to hold weight.

Unconscionable conduct can also undermine a prenup’s validity. For instance, if one person was in a vulnerable position or under duress when signing, the court may intervene to protect their rights.

Even if a prenup was validly created, life changes can make it outdated. A significant change in circumstances — such as the birth of a child or one partner becoming a full-time caregiver — can render the agreement impractical or unfair to enforce.

Does a Prenup Have to Be Fair to Be Valid?

Fairness plays a central role in how Australian courts assess Binding Financial Agreements. The Family Law Act 1975 gives judges the discretion to set aside any agreement that leads to an unjust or unreasonable outcome.

This means the court looks at both the fairness at the time the prenup was signed and how it affects the parties later on. For example, if the agreement seemed balanced when both partners had similar incomes but later leaves one unable to meet basic needs, it may no longer stand.

When evaluating fairness, courts consider factors such as the duration of the relationship, the disparity between the parties’ incomes and assets, each person’s financial and non-financial contributions, and whether one party gave up career opportunities to support the family. The presence and welfare of children also carry significant weight.

In other words, a prenup doesn’t have to make both parties equally wealthy — but it must not cause genuine hardship or leave one person unable to live with dignity.

What If Circumstances Change After Signing a Prenup?

Life rarely unfolds exactly as planned, and Australian family law recognises that. If one partner’s circumstances change dramatically after signing a prenup, the court can step in to reassess the agreement.

For instance, if a person develops a severe disability or loses their ability to earn an income, enforcing a spousal support waiver might be unfair. Likewise, if one partner becomes the primary caregiver for children or dependents, their earning potential may drop significantly, warranting financial assistance despite what the prenup says.

However, not every change automatically invalidates the agreement. The court will look at the nature and impact of the change compared to what was reasonably foreseeable when the prenup was made. If the change causes severe hardship or makes the agreement impossible to carry out fairly, the court has discretion to modify or set it aside.

Couples considering a prenup should discuss possible future changes openly and seek professional guidance before signing. A well-drafted agreement anticipates different scenarios and offers flexibility to handle them fairly.

Can a Prenup Really Prevent Spousal Support?

A prenup can certainly limit or define spousal support obligations, but it cannot absolutely prevent them in all cases. The courts maintain the final say when fairness or significant hardship is at stake.

That’s why professional guidance is non-negotiable. Partnering with reputable prenup lawyers in Brisbane ensures that your agreement is not only compliant with Australian family law but also crafted to protect your best interests while remaining fair to both parties.

These legal professionals can guide you through disclosure requirements, negotiate fair terms, and prepare documents that stand the test of time — even if life takes unexpected turns.

The Bottom Line: Clarity, Fairness, and Peace of Mind

A well-prepared prenup isn’t about expecting a relationship to fail — it’s about building trust, transparency, and financial clarity from the start. While such agreements can outline spousal support terms, the Australian legal system prioritises fairness and will intervene if an arrangement becomes unjust or unworkable.

Working with specialists who understand both the emotional and legal dimensions of prenups is essential. Firms like Justice Family Lawyers and MK Law provide the expertise to help couples navigate complex financial and legal considerations with confidence.

Ultimately, a thoughtful, well-drafted agreement gives couples peace of mind — knowing that no matter what happens in the future, they’ve already taken responsible steps to protect themselves and each other.

Author Bio: Jeryl Damluan is a seasoned SEO Specialist and Outreach Specialist at Justice Network. She excels in building authority links and amplifying online presence for law firms and businesses through strategic content creation and digital marketing.