Certainty & clarity

What a BFA Actually Covers

More than a prenup — a BFA can exist at many stages, covering property, trusts and spousal maintenance in clear, human language.

What a BFA Is

A Binding Financial Agreement sets out how property, liabilities and spousal maintenance are handled if you separate. It can be made before, during or after a marriage or de facto relationship. Our goal is clarity and fairness, not friction.

Things to Consider

Each party must receive independent legal advice; full disclosure and proper execution are critical; a BFA can be set aside in limited circumstances (e.g., duress, fraud, significant non-disclosure). We safeguard the process.

What to expect

Scoping
We understand your goals and asset structures, including how future property or inheritances should be treated — with empathy and candour.

Draft & independent advice
We prepare the agreement and coordinate the required independent legal advice for both parties.

Execution & safe-keeping
We oversee signing, provide advice certificates, and coordinate any companion documents (for example, consent orders if appropriate).

Documents you’ll need

• Asset/liability snapshot (including trusts/companies/super).
• Any prior agreements, orders, or significant gifts/inheritances.
• Practical “what if” scenarios you want covered with clarity.

Strength & limits

BFAs are powerful but must be done with care: clear disclosure, proper execution and a fair, unpressured process reduce set-aside risks (duress, fraud, non-disclosure).

Frequently Asked Questions

Is a BFA the same as a prenup?

A BFA can be made before, during, or after a relationship. A ‘prenup’ is a type of BFA made before the relationship/marriage.

Do both parties need independent legal advice?

Yes. Each party must receive independent advice for the agreement to be binding.

Can a BFA be set aside?

In limited circumstances, such as duress, fraud, significant non-disclosure, or invalid execution.

What can a BFA cover?

Property division, liabilities, spousal maintenance and how future property will be treated if separation occurs.

Is a BFA better than consent orders?

They serve different purposes. BFAs are private contracts; consent orders are court orders. We advise on which suits your goals and risks.

Can we include superannuation?

Yes, but superannuation splits are usually dealt with in consent orders. We’ll structure documents appropriately.

What makes a BFA strong?

Clear disclosure, independent advice, fair process, and clauses tailored to your circumstances reduce set-aside risks.

Clear guidance. Steady support.

If your situation feels uncertain, you don't have to navigate it alone. We take the time to understand your goals, explain the options in plain language, and help you move forward with confidence.

What you can expect

  • • Calm, clear advice
  • • A practical plan tailored to your goals
  • • Steady updates and responsive communication

More ways we can help