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Binding Financial Agreements

Whether as a prenup or property settlement, Financial Agreements provide a clear way to protect & manage assets without court battles.

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Binding Financial Agreement
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About Financial Agreements

A Binding Financial Agreement (BFA) is a legally recognised contract under the Family Law Act 1975 (Cth). It can be made either before or during a relationship (often called a "prenup"), or after separation, to set out how property, finances, superannuation and liabilities will be dealt with.

A properly drafted BFA gives you and your partner:

  • Clear terms for the division of assets, debts, and superannuation.
  • Control over the outcome, without leaving decisions to the Court.
  • Protection of your financial future and a reduced risk of later disputes.
  • Enforceability - once validly executed, a BFA is binding under the Family Law Act.

Whether you are planning ahead with a prenup / postnup or finalising matters after separation, a BFA allows you to formalise your arrangements in a way that is tailored, fair, and legally secure.

We will manage the process from start to finish - advising on your rights and obligations, negotiating terms where needed, and ensuring your agreement complies with the requirements of the Family Law Act.

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Have a question? Send us a message and we’ll get back to you within 24 business hours. Prefer to speak now? Call us on 1300 933 191.

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About Movement Legal

We are a boutique law firm dedicated to Australian Family Law, with a particular focus on property settlements and Binding Financial Agreements.

We take the time to explain your options, provide practical advice, and ensure every component is fully compliant with the Family Law Act 1975 (Cth). We are accessible when you need us and deliver a smooth, stress-free experience.

Reviewing a Binding Financial Agreement

If you have been presented with a Binding Financial Agreement, we can provide you with formal Independent Legal Advice on the agreement.

Our review service will ensure you fully understand your rights and obligations, and that the Agreement is in your best interests.

Where negotiation is required, we are available to act.

Our process includes:

  • Comprehensive review by an experienced family lawyer
  • Detailed written legal advice
  • Video or phone consultation where we explain the terms and answer your questions
  • Management of correspondence with the other law firm and ensure everything is in order
  • Signing off on the agreement and legal certification

BFA FAQs

A BFA can set out exactly how property, assets, liabilities, and financial resources will be divided between you and your partner after separation. This can include real estate, cash, investments, superannuation, business interests, personal property, and debts. It can also deal with spousal maintenance obligations, both now and in the future.

Both BFAs and Consent Orders can finalise a property settlement, but there are key differences. Consent Orders are approved by the court and have the same effect as if the orders were made after a hearing. BFAs are private agreements that do not require court approval but must meet strict legal requirements to be binding. Each option has advantages and disadvantages depending on your circumstances.

 

Yes. In Australia, a “prenup” is simply a common term for a Binding Financial Agreement made before marriage (or before entering a de facto relationship). The Family Law Act also allows BFAs to be made during a relationship, after separation or divorce to manage property division and spousal maintenance.

Yes. For a Binding Financial Agreement to be binding and enforceable under the Family Law Act, each party must receive independent legal advice from their own lawyer.

If a party does not comply with the terms of a BFA, the other party can take legal action to enforce it through the Courts.

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