Financial Agreements

Binding Financial Agreements are complex, but they don’t have to be combative.

Whether you’re entering a relationship, already living together, or preparing for the future, a Binding Financial Agreement (or BFA, commonly known as a Pre-nuptial, Post-nuptial, or Cohabitation Agreement) can help protect your financial interests and avoid future disputes. These agreements allow couples to agree on how assets, liabilities, and spousal maintenance will be handled if the relationship ends.

We understand these conversations can feel daunting. Our approach is thoughtful, collaborative and respectful. We can also work directly with your partner’s legal representative to reduce conflict and help you both reach a confident agreement.

We can help you:

Understand if a BFA is right for your situation
Draft or review an agreement that aligns with current legislation
Approach the process collaboratively and respectfully
Work collaboratively with your partner’s legal team to reduce conflict
Ensure your agreement is legally binding and enforceable

Want to know more about Collaborative Law? Click here.

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Financial Agreements Resources

Download comprehensive guides, templates, and legal resources designed to help you understand your rights, prepare documents, and confidently navigate every stage of your family law journey.

Form 13 Financial Statement

Before You File: Pre-Action Procedure For Parenting Cases

By Family Court of Australia Federal Circuit Court of Australia

Financial Agreements FAQs

What is a Binding Financial Agreement (BFA)?

A Binding Financial Agreement (BFA) is a legal contract that outlines how property, finances, and spousal maintenance will be handled in the event of separation. It can be made before, during, or after a relationship.

We explain it in detail in The Benefits Of A Binding Financial Agreement For Your Marriage.

When should I get a financial agreement?

You can enter into a financial agreement at any stage — before marriage or moving in together, during the relationship, or after separation. Pre-nups are the most common type.

Is a prenuptial agreement legally binding in Australia?

Yes — if it meets strict legal requirements. Both parties must get independent legal advice, and the agreement must be in writing and signed.

Can a financial agreement be overturned?

Yes, but only in limited circumstances — such as fraud, duress, or if the agreement wasn’t properly executed. Courts are reluctant to overturn BFAs unless there’s a clear legal issue.

Worried about your current agreement? Contact us today.

Do both parties need a lawyer for a financial agreement?

Yes. For a BFA to be legally binding, each person must get independent legal advice from a qualified lawyer — it’s a non-negotiable requirement under the Family Law Act.

Need assistance drafting or reviewing an agreement? Contact us today.

A BFA is a private contract between parties, while a Consent Order is approved by the court. Both can deal with property and spousal maintenance, but only Consent Orders are overseen by a judge.

Can de facto couples make a financial agreement?

Yes. De facto couples — including same-sex couples — can enter into financial agreements under the Family Law Act, just like married couples.

Learn more about your rights as a de facto couple in Should You Be Protecting Your Assets in a De Facto Relationship?

Do financial agreements cover future earnings or inheritances?

Yes, they can — if drafted properly. You can include terms about future income, inheritances, or superannuation, depending on your goals.

Not sure what to include? Book a consultation with us.

Can I include child support in a financial agreement?

You can include limited terms, but formal child support arrangements are usually handled through separate Binding or Limited Child Support Agreements.

Why should I consider a financial agreement?

BFAs provide clarity and reduce the risk of conflict if you separate. They can protect assets, streamline future negotiations, and give both parties peace of mind.

Thinking about a financial agreement? We’ll help you make it legally sound and tailored to your needs – contact us today.

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We provide consultations to understand your circumstances, guide you through your options, and help you plan the next steps with confidence.

Cassandra Pullos

Accredited Family Law Specialist with 40 years’ experience.

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