Australian Family Lawyers

Binding Financial Agreements (BFAs)

Getting married or entering a de facto relationship? Consider a prenuptial agreement

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If you’re thinking about getting married, or entering into a de facto relationship, it’s a good time to consider a prenuptial agreement – known as a Binding Financial Agreement (BFA) in Australia. Our prenuptial lawyers can help you understand all the issues to strengthen and clarify your relationship for the future.

What is a Binding Financial Agreement, and who needs one?

A Binding Financial Agreement (BFA) in Australia, often referred to as a prenuptial agreement or prenup, is a legally binding contract that outlines how a couple’s assets, finances, and liabilities will be handled if the relationship ends. These agreements are available under the Family Law Act 1975 for both married and de facto couples, including same-sex relationships.

BFAs aren’t just for the ultra-wealthy or cautious – they’re a smart, proactive way for couples to approach their financial future with clarity, respect, and fairness.

Your relationship might benefit from a binding financial agreement if you:

  • Are about to get married and want to protect pre-existing assets or business interests
  • Are in a de facto relationship and want to establish financial terms early
  • Have children from a previous relationship and want to preserve their inheritance
  • Are entering a relationship with significantly more wealth, property, or investments
  • Wish to avoid lengthy or costly legal disputes in the event of a separation

BFAs can be made before, during, or after a relationship or marriage. Whether you’re starting fresh or already sharing a life together, a BFA provides a clear framework for how financial matters will be handled if things change.

At Australian Family Lawyers, our family lawyers assist couples Australia-wide, from offices across Melbourne, Sydney, Brisbane, Perth, and beyond, to create secure, enforceable agreements that support long-term peace of mind. Book your free consultation and get clear, fixed pricing for your binding financial agreement. We’re here to help.

So what does a BFA cover?

A BFA can be tailored to suit your unique financial situation and relationship dynamic. Common areas a BFA can cover include:

  • Division of Property – including real estate, vehicles, personal assets, and valuable items
  • Financial Resources – such as shares, trusts, businesses, and investments
  • Superannuation – how super will be treated in the event of separation
  • Spousal Maintenance – whether ongoing financial support will be paid and on what terms
  • Debt Allocation – clarifying who is responsible for which liabilities
  • Inheritance Protection– particularly relevant for individuals with children from a previous relationship
  • Future Gifts or Windfalls – including how unexpected financial gains may be handled
  • Care of Pets– agreeing on who will retain responsibility for any pets acquired during the relationship

Importantly, BFAs can also be updated or replaced as circumstances change, such as after the birth of a child or significant financial shifts.

Benefits of working with a prenup lawyer

A prenup or BFA is more than a legal safety net, it’s a way for couples to start or continue their relationship with clarity, trust, and shared understanding around finances.

Rather than leaving things uncertain or relying on court intervention down the track, a BFA gives both parties the opportunity to define their financial future on their own terms. It opens the door for honest conversations, sets clear expectations, and reduces the risk of costly disputes should the relationship end.

Why more couples are choosing prenups (BFAs):

  • Protect What Matters
    Safeguard pre-existing assets, businesses, family property, and inheritances from future disputes.

  • Build on Financial Clarity
    Clearly outline who owns what, how finances will be managed, and what happens if the relationship ends, creating a stronger foundation for your future together.

  • Support Blended Families
    Ensure that children from previous relationships are considered and financially protected within your agreement.

  • Avoid Costly Legal Disputes
    With a properly drafted BFA in place, you can minimise uncertainty and reduce the financial and emotional toll of separation proceedings.

  • Plan for Life’s Complexities
    Prenups offer peace of mind in second relationships, complex financial situations, or where there’s a significant imbalance in assets.

  • Inclusive and Enforceable
    BFAs are available to all couples – married or de facto, including same-sex relationships – and can be customised to suit your unique circumstances.

Creating a prenuptial agreement is not about expecting your relationship to end — it’s about respecting it enough to plan ahead, protect each other, and reduce future stress.

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What to expect working with Australian Family Lawyers

From your first call to finalising your agreement, our process is designed to make things clear, stress-free, and tailored to your unique relationship. We offer free consultations and fixed fees, so you can move forward with confidence and transparency from the very beginning.

Throughout the process, you’ll be supported by experienced and local family lawyers who draft fixed-fee BFAs for both married and de facto couples. We work closely with you to ensure your agreement reflects your wishes, is legally sound, and fully enforceable. Here’s what to expect:

  • Initial Consultation

    Start with a free, no-obligation call with one of our family lawyers. We’ll listen to your concerns, explain the BFA process, and provide an upfront fixed fee based on your individual needs.

  • Strategy Session

    We’ll guide you through a detailed conversation to understand your relationship, financial arrangements, and goals for the agreement. This helps us ensure your BFA is tailored and future-focused.

  • Drafting Your BFA

    Your lawyer will prepare a clear, legally binding agreement that reflects what was discussed. We ensure it aligns with Australian federal and state family law requirements and is enforceable in court in the event of separation.

  • Independent Legal Advice

    Each party must receive independent legal advice for the BFA to be legally binding. We’ll coordinate this step, ensuring both you and your partner understand your rights and obligations.

  • Finalisation

    Once both parties are satisfied and legal advice has been obtained, the agreement is signed and finalised. You’ll walk away with the peace of mind that your future financial arrangements are secure.

About Australian Family Lawyers

Our team is on standby to help you with all your family law matters, including de facto prenuptial agreements, and postnuptial agreements. We know this can be an emotional process, but getting clarity around these issues can help you be prepared for a long and successful relationship into the future.

Learn more about us

Relevant Free Resources

Read more about Binding Financial Agreements (BFAs) in Australia.

  • Who gets the house in a divorce? An Australian legal guide

    Whether you’re just thinking about separating, or are in the midst of a divorce, you likely have a heap of questions. And one of the biggest is probably, ‘who gets the house in a divorce?’

  • How is debt divided in divorce? 9 influential legal factors

    When you’re going through a separation or divorce, it’s quite common to talk about what’s going to happen with your assets, like the family home or your savings accounts. But we don’t often talk about debt. 

  • A complete legal guide to divorce and inheritance in Australia

    Few life events are as emotionally challenging as losing a loved one or going through a divorce. When these two events coincide, navigating the intersection of inheritance and family law can feel especially daunting.

  • How to protect your assets in a divorce: 11 top legal tips

    There are a lot of things to consider when you’re leaving a relationship, from custody arrangements to living arrangements. But one of the most important is how to protect your assets.

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Frequently asked questions

No. A binding financial agreement (BFA), prenup or prenuptial agreement are all terms for an agreement that sets out the way your assets will be divided in the unlikely event of a relationship breakdown.

A prenuptial agreement can be signed at any time during the parties’ relationship. Typically, however, you’d enter into it prior to marriage or a de facto relationship.

Yes, a BFA does continue to operate even after one party’s death which makes it binding upon the legal personal representative of the deceased party.

No. The prenuptial agreement is a private agreement which doesn’t need to be endorsed by the courts. However, as long as it’s legally made, it will be enforced by the courts.

In order to enter into a BFA, you’ll need to collect all your financial information, and that of your partner. This includes your assets, liabilities, employment and salary details, other income sources, recent tax returns, bank statements, superannuation information, any spousal support or child support and any other property you may have.

Yes. You and your partner may decide to terminate the prenuptial agreement at any time. You may then enter into a new agreement, or decide not to have one at all.

Yes. Your agreement can be amended at any time, and you’re encouraged to do so as your circumstances change.

Binding financial agreements must be carefully drafted to ensure they are binding. But our family law specialists are experts at creating legally binding documents, including BFAs. They will consider any structures in place – such as companies, self-managed super funds and family trusts – as well as your financial situation, tax implications, legal costs and other obligations.