Some couples reach a property agreement informally and move on. Others later discover that informal arrangements can create risk — especially if assets are transferred, expectations change, or one party later disputes what was agreed.
Why informal agreements can be risky
- They may not be enforceable
- They may not properly deal with superannuation
- They may not reflect full disclosure
- They can create future disputes if circumstances change
- Stamp duty or tax outcomes may be different if not structured correctly
Common ways agreements are formalised
Many agreements are formalised via consent orders or a binding financial agreement (BFA), depending on timing and complexity.
Frequently asked questions
If we agree, do we still need anything in writing?
Agreement is helpful, but formalising is what usually gives the arrangement enforceability and reduces later risk.
Can we finalise property settlement before divorce?
Often yes. Divorce and property settlement are separate processes. Timing still matters, especially for time limits.
This article is general information and not legal advice.