Binding Financial Agreements
Pre-, during and post-relationship financial agreements.
Overview
Binding Financial Agreements (BFAs) let you decide what happens to property and maintenance without involving the court. They can be entered into before, during or after a relationship — and must be drafted carefully to be enforceable.
What the law generally considers
BFAs are governed by the Family Law Act. Strict requirements apply — including independent legal advice for both parties — or the agreement can be set aside.
Common client concerns
Will it be enforceable if we separate? What about future assets, gifts or inheritances? Is this better than consent orders?
How we help
We advise on whether a BFA is the right tool, and draft or review agreements that meet the strict legal requirements.
The process
- 01Scope the agreement
What it should cover, and what risks remain.
- 02Disclosure & drafting
Full and frank disclosure between parties.
- 03Independent legal advice
Both parties sign with separate solicitors.
Frequently asked
Are BFAs always enforceable?
They can be set aside in certain circumstances — including where the strict requirements were not met. Good drafting is essential.
BFA or consent orders?
It depends. Consent orders need a separation; BFAs can be entered at any stage. Each has trade-offs.
Not sure what comes next? Let's talk.
A confidential consultation is the easiest way to understand your options and the right next step.