The Federal Circuit Court may set aside a prenup in a limited number of circumstances. These include:
The Court will NOT set aside an agreement if it is simply unfair to one of the parties.
Discussion of what to include in a BFA will require open and honest communication between yourself and your partner. Although BFA’s can be entered into after you and your partner have already separated or divorced, it is often easier to discuss what you want in a BFA whilst the relationship is still happy and you and your partner are together.
Some issues you should bring up with your partner are their current financial contribution to the relationship and whether this is likely to change due to factors such as existing or future children, illness, injury, dismissal or retirement.