Binding Financial Agreements Lawyers
A Binding Financial Agreement can provide clarity about how property, superannuation, debts and financial resources will be dealt with if a relationship ends. Our family lawyers provide clear, independent advice and carefully drafted agreements tailored to your circumstances
- ✓ Protect assets and financial interests
- ✓ Clarity around financial expectations
- ✓ Reduce the risk of future disputes
- ✓ Receive independent legal advice
Book Your Initial Consultation
A 60–90 minute consultation with an experienced family lawyer will give you clear advice and a practical plan forward.
Understanding Financial Agreements
A Clear Agreement for Your Financial Future
A Binding Financial Agreement is a written agreement that can specify how property, liabilities, superannuation and other financial matters will be dealt with if a relationship ends.
Agreements may be made before, during or after a marriage or de facto relationship. The correct type of agreement and drafting approach will depend on your relationship, financial circumstances and objectives.
Every agreement should be carefully prepared. Poor drafting, inadequate disclosure or problems with the advice process may create disputes about whether the agreement is enforceable.
When Can a BFA Be Made?
Before the relationship
or marriage
Set out how existing assets, future acquisitions, businesses, inheritances and liabilities will be treated.
During the relationship
or marriage
Clarify financial arrangements while the relationship is continuing.
After separation
or divorce
Record how property and financial matters will be resolved following separation.
The Binding Financial Agreement Process
Initial Consultation
We discuss your relationship, financial circumstances and objectives.
Financial Information
Relevant assets, liabilities, income and financial resources are identified.
Advice and Strategy
We explain the legal effect, risks and available drafting options.
Drafting and Negotiation
The agreement is prepared, reviewed and negotiated with the other party’s lawyer.
Independent Advice
and Signing
Each party receives independent legal advice before the agreement is signed.
Our Approach
Strategic Advice with a Financial Focus
Binding Financial Agreements can be complex, time-sensitive and deeply personal. Our approach is not based on a standard formula. We take the time to understand the full financial picture, identify the risks and develop a strategy suited to your circumstances and longer-term objectives.
Strategic & Practical Advice
We assess the asset pool, contributions, liabilities and future needs, then provide a clear strategy tailored to your goals.
You Stay in Control
We explain your options, risks and likely consequences so you can make confident decisions about your future.
Flexible & Evolving Strategy
We adapt our advice as disclosure, valuations, negotiations and circumstances change.
Resolution Where Possible
We work towards fair, practical and legally enforceable outcomes without unnecessary conflict or costs.
Strong Advocacy
Where agreement is not possible, we prepare thoroughly and provide strong representation in Court.
Ongoing Communication
We keep you informed, explain what is happening and prepare you for each stage of the process.
Every financial matter is different. We take the time to understand the full picture, explain your options and help you choose the best path forward.
— Kateryna Espino, Principal Solicitor & Founder
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What to Expect in Your Initial Consultation
Your 60–90 minute consultation is an opportunity to gain clarity, understand your rights and explore your options.
Understand your situation and key issues
Explore legal pathways and likely outcomes
Plan your next steps with practical advice
Confidential, compassionate and focused on solutions
FAQ
Still have questions? Take a look at the FAQ or reach out anytime. If you are feeling ready, go ahead and book your consultation.
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A Binding Financial Agreement, often called a BFA, is a written agreement made under the Family Law Act 1975. It can set out how property, financial resources and, in some circumstances, spousal maintenance will be dealt with if a marriage or de facto relationship ends.
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“Prenup” is an informal term generally used for an agreement made before marriage. In Australia, the formal legal term is Binding Financial Agreement.
A BFA can be made before, during or after a marriage or de facto relationship, so not every BFA is technically a prenup.
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A BFA may be made:
before marriage;
during marriage;
after a divorce order;
before a de facto relationship;
during a de facto relationship; or
after a de facto relationship has ended.
The correct agreement depends on the relationship and the stage at which it is made.
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Yes. Each party must receive independent legal advice from a separate Australian legal practitioner before signing the agreement.
The advice must address the effect of the agreement and the advantages and disadvantages of entering into it.
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Depending on the circumstances, a BFA may address:
homes and investment properties;
businesses and trusts;
savings and investments;
superannuation;
debts and liabilities;
inheritances and financial resources; and
spousal maintenance.
The agreement should be tailored carefully to the parties’ assets, intentions and future circumstances.
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Yes, but only in limited circumstances.
These may include issues involving fraud, enforceability, unconscionable conduct, duress or undue influence, creditor interests, or a material change in circumstances involving a child that would cause hardship.
Whether an agreement may be set aside depends heavily on the facts and the way it was prepared. The Court retains power to set aside a financial agreement in certain circumstances.
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Neither option is automatically better.
A BFA is a private agreement between the parties and requires independent legal advice. Consent Orders are approved and made by the Court after considering whether the proposed property orders are just and equitable.
After separation, the most appropriate option depends on the circumstances, the proposed agreement and the parties’ objectives.
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The cost depends on the agreement’s complexity, the assets and structures involved, the quality of financial disclosure and the extent of negotiation required.
After an initial consultation, the solicitor can explain the likely scope of work and provide information about anticipated legal costs.
Your Financial Future. A Clear Way Forward.
Whether you are at the beginning of separation, trying to reach agreement, concerned about disclosure, managing a complex asset pool or frustrated that your matter is not progressing, we are here to help you move forward with clarity, confidence and a plan.