Binding Financial Agreement

A Binding Financial Agreement (BFA) — commonly known as a prenuptial or post-nuptial agreement — allows couples to agree on how their assets will be divided if the relationship ends. These agreements provide certainty and can help avoid costly court proceedings in the future.

BFAs can be made before marriage (prenuptial), during marriage, after separation, or after divorce. They can also be made by de facto couples. Each party must receive independent legal advice before signing, and the agreement must meet strict requirements under the Family Law Act to be enforceable.

We draft BFAs that are comprehensive and tailored to your circumstances. Our lawyers ensure full financial disclosure is made and that the agreement addresses all relevant factors, including superannuation, future inheritances, and changes in circumstances over time.

It is important to regularly review your BFA, particularly after significant life events such as the birth of a child, a change in financial circumstances, or the acquisition of major assets. We assist with reviewing, updating, and replacing existing agreements as needed.