Family Law
Protect your assets and formalise your financial arrangements with a legally binding agreement.
Binding Financial Agreements (BFAs) and consent orders under the Family Law Act 1975 allow couples to take control of how their assets are divided — before, during, or after a relationship. Whether you are entering a new relationship and want to protect what you bring to it, or separating and trying to reach a fair settlement, specialist family lawyers can draft a document that will hold up.
⚠ If you are divorced, you have only 12 months to formalise your property settlement — after that you need court leave to proceed — submit your request now.
Does This Sound Like You?
Common situations we help with.
Wanting a BFA before marriage or moving in together
You are getting married or moving in with a partner and want to protect assets you are bringing to the relationship — an inheritance, a business, a property, or significant savings. A pre-relationship BFA (sometimes called a "prenup") lets you agree in advance on how property will be divided if the relationship ends, providing security and clarity for both parties.
Existing BFA being challenged on execution grounds
You have a binding financial agreement from a previous period of the relationship, but your ex is now seeking to have it set aside — arguing that one party did not receive independent legal advice, that the agreement was signed under duress, or that the certificate of advice attached to the agreement was defective. Courts scrutinise BFA execution carefully, and technical deficiencies can be fatal to an otherwise sensible agreement.
Property settlement — want consent orders instead
You and your ex have agreed on how to divide your assets and want to formalise the agreement through consent orders (rather than a BFA) so that the Federal Circuit and Family Court of Australia can approve and make it enforceable. Consent orders approved by the court provide greater certainty than a private agreement and attract the same stamp duty exemptions as court orders on property transfers.
Asset protection from future relationship breakdown
You have significant assets — particularly a family business, inherited property, or a property portfolio built before the relationship — and want to ensure they are protected in the event of a future relationship breakdown. A carefully drafted BFA can ring-fence specific assets and set clear rules for what the "relationship pool" includes, reducing the risk of lengthy and costly litigation if the relationship ends.
BFA not properly executed and now disputed
You have an agreement that was drafted some years ago, but you are now concerned it may not be binding — because the certificate of independent legal advice was defective, signatures were not witnessed correctly, or the agreement did not meet the technical requirements of sections 90B–90KA of the Family Law Act 1975. A legal review can identify the risks and advise whether the agreement needs to be replaced.
Separating and wanting to formalise the property split
You have separated and reached an agreement with your ex on how to divide the assets, but you want that agreement to be legally binding and enforceable — rather than relying on a handshake deal that could fall apart. A post-separation BFA or consent orders through the court will provide finality and protect you from future claims.
How It Works
From negotiation to binding agreement — protecting your financial future.
A financial agreement is only as strong as its drafting and execution. Specialist family lawyers will ensure your agreement meets every technical requirement of the Family Law Act 1975 and genuinely reflects the deal you have reached.
Submit Your Financial Agreement RequestSubmit your request
Tell us about your assets, your relationship stage (before, during, or after), and what you are trying to achieve — protection of specific assets, a complete property split, or something in between.
Free consultation and strategy advice
A specialist family lawyer explains whether a BFA or consent orders is the right structure for your situation, identifies the key assets to be covered, and outlines the independent legal advice requirements that must be met for the agreement to be binding.
Drafting, advice, and execution
Your lawyer drafts the agreement or consent orders, provides you with the required independent legal advice in writing, manages the signing and execution process, and where applicable files the consent orders with the court for approval.
12 Months
Deadline after divorce to apply to the court for property orders — act before this window closes
All 8 States
Requests matched to specialist lawyers across every state and territory in Australia
Free
Initial consultation — understand your rights and options before committing to any action
Tax Exempt
Property transfers under family law orders or agreements attract stamp duty exemptions in most states — significant savings on real property transfers
Before You Sign
Practical questions about financial agreements and property settlements.
What is the difference between a binding financial agreement and consent orders? +
A Binding Financial Agreement (BFA) under sections 90B–90KA of the Family Law Act 1975 is a private contract between the parties — it does not require court approval. It is binding provided both parties received independent legal advice and the agreement meets the statutory requirements. Consent orders, by contrast, are filed with and approved by the Federal Circuit and Family Court of Australia, which checks that the arrangement is just and equitable. Consent orders are generally more secure because they have had judicial scrutiny, while BFAs are faster and more private but more vulnerable to challenge on technical grounds.
What makes a binding financial agreement legally binding? +
For a BFA to be binding under the Family Law Act 1975, each party must have received independent legal advice from a lawyer before signing, and each lawyer must have provided a signed certificate confirming the advice was given and explaining the advantages and disadvantages of the agreement to their client. The agreement must be in writing and signed by both parties. If any of these requirements are not met, the agreement is not binding regardless of the parties' intentions. Courts have set aside numerous BFAs on technical execution grounds, making specialist legal drafting essential.
What are the requirements for independent legal advice on a BFA? +
Each party must receive advice from a different lawyer — not the same lawyer, and not a lawyer who acts for both parties. The advice must cover the effect of the agreement on the rights of that party and the advantages and disadvantages of making the agreement at the time. The advising lawyer then signs a certificate stating that advice was given, and that certificate is attached to the agreement. It is critical that advice is given before the agreement is signed — retroactive "advice" after signing does not satisfy the statutory requirement.
On what grounds can a financial agreement be set aside? +
Under section 90K of the Family Law Act 1975, a court can set aside a BFA on grounds including: fraud or non-disclosure of a material fact; one party's unconscionable conduct (such as entering the agreement under duress or undue influence); material change in circumstances (particularly relating to children) that would cause hardship; the agreement is void, voidable, or unenforceable; or the agreement was not properly executed according to the statutory requirements. Courts have consistently set aside BFAs where proper execution was not followed, making careful drafting and proper legal advice by both parties essential.
How does superannuation splitting work in financial agreements? +
Superannuation can be split under a BFA or consent orders using the superannuation splitting provisions of the Family Law Act 1975. A splitting agreement or order directs the trustee of the paying party's fund to establish an interest for the other party in the same fund or a different fund. The split amount stays in the superannuation system until retirement — it cannot be taken as immediate cash. Defined benefit funds require a special valuation method. Any superannuation splitting arrangement must be checked against the rules of the relevant fund before being finalised, as some funds have restrictions on splitting.
How long do I have to apply for property settlement after separation or divorce? +
For married couples, you have 12 months from the date the divorce order takes effect to apply to the court for property orders. For de facto couples, you have 2 years from the date of separation. After these time limits expire, you require the court's leave (permission) to proceed, which is granted only in limited circumstances — such as where failure to grant leave would cause hardship. These time limits make it critical to take legal advice on property matters well before your divorce is finalised or within the separation period for de facto couples.
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