Family Law Services › Binding Financial Agreements
Binding Financial Agreements (BFAs) — Prenuptial & Separation Agreements
A Binding Financial Agreement under the Family Law Act 1975 is the only way to legally contract out of the court's property settlement jurisdiction. Whether you are entering a relationship and want to protect existing assets, or separating and want a final agreed settlement — a BFA requires specialist legal advice to be valid and enforceable. Get connected with a family lawyer now.
⚠ A BFA that is not properly executed — with independent legal advice for each party — is invalid and unenforceable. Don't use a template. Get specialist legal advice now.
What We Help With
BFAs — before, during, and after a relationship.
The Family Law Act permits binding financial agreements at three stages of a relationship. Each has different requirements and strategic considerations.
Pre-Relationship BFAs (Prenuptial)
Protecting assets you bring into a marriage or de facto relationship — including property, businesses, inheritances, and superannuation — before the relationship begins.
During-Relationship BFAs (Postnuptial)
Financial agreements entered during a marriage or de facto relationship — including where circumstances have changed significantly, such as inheritance, business acquisition, or significant debt.
Post-Separation BFAs
Finalising a property settlement after separation or divorce through a binding financial agreement — as an alternative to consent orders where the parties need more flexibility.
De Facto BFAs
BFAs for de facto couples — including same-sex couples — before, during, or after a de facto relationship. The same independent advice requirements apply.
Setting Aside a BFA
Challenging an existing BFA on grounds including fraud, duress, unconscionable conduct, or material non-disclosure — where the agreement was not entered into fairly.
Reviewing an Existing BFA
Advising on whether an existing BFA remains valid and enforceable following changes in circumstances — including the birth of children, significant asset changes, or new legislation.
What Makes a BFA Valid
BFAs are powerful — but only if properly executed.
Courts have set aside numerous BFAs because the strict requirements were not met. Understanding these requirements is the difference between an enforceable agreement and a worthless document.
Both parties must receive independent legal advice
Under sections 90G and 90UJ of the Family Law Act, a BFA is only binding if each party received independent legal advice from a lawyer before signing — about the effect of the agreement on their rights and whether entering it was advantageous. The advising lawyer must sign a certificate confirming this. A BFA where both parties used the same lawyer, or where no certificate was provided, is not binding.
Full financial disclosure is required
Both parties must provide full and frank disclosure of their financial position before entering a BFA. Concealing assets, undervaluing property, or failing to disclose liabilities can result in the agreement being set aside under section 90K of the Family Law Act. The courts take financial non-disclosure seriously — and an agreement obtained through incomplete disclosure is at risk of being unenforceable years later.
The agreement must not be unjust or unconscionable
A BFA can be set aside if it was obtained by fraud, duress, undue influence, or if it was "unconscionable" — meaning it was so one-sided or was entered in such unfair circumstances that a court would not enforce it. Pressure to sign immediately before a wedding, agreements signed without time to seek proper advice, and agreements made during a mental health crisis are all risk factors that a court will scrutinise.
The agreement must be in writing and signed by both parties
A BFA must be a written document signed by both parties — verbal agreements about property division have no binding legal effect. Even a carefully negotiated arrangement that is not reduced to a properly signed and witnessed written document, with independent legal advice certificates, has no legal force under the Family Law Act. This is why using a properly qualified family lawyer is essential.
A BFA can be terminated by a later agreement or conduct
A BFA can be terminated by a subsequent written agreement signed by both parties with independent legal advice. Courts have also found that BFAs can be abandoned through conduct — for example, where both parties act in a way completely inconsistent with the agreement's terms over many years. Regularly reviewing an existing BFA to ensure it still reflects the parties' intentions is important for long-term enforceability.
BFAs cannot contract out of child support obligations
A BFA can deal with property and spousal maintenance — but cannot validly exclude or limit child support obligations. The Child Support (Assessment) Act governs child support separately from property matters, and any attempt in a BFA to limit or waive child support is ineffective. A family lawyer will ensure the BFA is appropriately scoped to what is legally permissible under the Family Law Act.
How It Works
One request. The right BFA lawyer.
Describe the type of BFA you need — pre-relationship, separation, or review of an existing agreement. A specialist family lawyer will follow up for a free consultation.
Submit Your RequestDescribe your BFA needs
Tell us whether you need a new BFA (pre-relationship, during, or post-separation), want to review an existing agreement, or are looking to set one aside.
Matched to a specialist
Your request is matched to a family lawyer experienced in drafting and advising on BFAs — including complex asset cases and challenging existing agreements.
Free consultation arranged
A family lawyer contacts you for a free consultation — advising on the type of BFA, what it can and cannot cover, and the independent advice process.
Common Questions
Binding financial agreements — frequently asked questions.
Are prenuptial agreements legally enforceable in Australia?
Yes — but only if they comply strictly with the requirements of sections 90B–90G of the Family Law Act. Both parties must have received independent legal advice, the agreement must be in writing and signed, and both lawyers must have signed certificates confirming the advice given. Agreements that do not meet these requirements are not binding and will not prevent a party from applying for property settlement in the FCFCOA.
Can I write my own BFA or use a template?
Not effectively. While you can technically draft a document, it will not be a binding financial agreement under the Family Law Act without independent legal advice and signed certificates from a lawyer for each party. Template agreements available online do not comply with the Act's formal requirements. Courts have repeatedly found "DIY" financial agreements invalid. The cost of proper legal advice is small compared to the cost of an unenforceable agreement.
Can a BFA be overturned?
Yes — under section 90K of the Family Law Act, a court can set aside a BFA on grounds including fraud, failure to disclose assets, duress, unconscionable conduct, and circumstances where it would be impracticable to give effect to the agreement due to a material change (such as the birth of children). Proper drafting, full disclosure, genuine independent advice, and fair terms significantly reduce the risk of challenge.
Is a BFA better than consent orders for a post-separation settlement?
Both are legally binding — but they work differently. Consent orders are filed with and approved by the FCFCOA, which acts as a safeguard against unfair terms. BFAs do not require court approval and offer more flexibility in what they can include. BFAs are generally harder to enforce than consent orders if a dispute later arises. A family lawyer can advise on which option is more appropriate for your specific situation.