MATTER PAGES
BINDING FINANCIAL AGREEMENTS
(BFAs)
Binding Financial Agreements (BFAs)
Private financial agreements with enforceability in mind.
A Binding Financial Agreement (BFA) is a private contract under the Family Law Act 1975 that sets out how property, financial resources, and liabilities are to be managed if a relationship ends.
BFAs can be made before, during, or after a relationship. They are used to create clarity, asset protection, and financial certainty.
When BFAs Are Used
Clients commonly seek BFAs in situations such as:
Before entering a marriage or de facto relationship
After separation to document a financial outcome
To protect pre-existing assets or family contributions
Where income streams are unequal
Where one party owns or controls a business
Where trusts or inheritances are involved
BFAs are often used by cooperative parties who want to reduce ambiguity and future risk.
What BFAs Can Cover
Depending on timing and structure, a BFA may address:
Property and asset division
Liabilities and debt
Superannuation
Financial resources
Spousal maintenance (where applicable)
Future financial arrangements
Enforceability depends on structure and drafting, not length.
Legal Requirements & Enforceability
For a BFA to be binding:
Each party must receive independent legal advice
Lawyers must sign Statements of Independent Advice
The agreement must not be vulnerable to being set aside due to:
Non-disclosure
Duress or undue influence
Unconscionable conduct
Certain changes relating to children
Template agreements often fail because they lack proper disclosure context and risk analysis.
BFA vs Consent Orders
BFAs are private contracts and are not reviewed by the Court
Consent Orders are assessed by the Court as “just and equitable”
BFAs can address spousal maintenance more flexibly
Consent Orders provide greater external oversight
The correct instrument depends on timing, structure, and risk tolerance.
Business Owners & Professionals
We frequently advise on BFAs involving:
Companies and directorships
Family and discretionary trusts
Unequal income streams
Professional practices
Intergenerational wealth
These matters require careful disclosure and drafting.
Our Approach to BFAs
Our process focuses on:
Understanding the financial landscape
Identifying risk and future vulnerabilities
Drafting commercially realistic terms
Ensuring strict compliance
Coordinating independent legal advice
We draft with the assumption that the agreement may be scrutinised years later.
Frequently Asked Questions
Do both parties need separate lawyers?
Yes. Independent legal advice is mandatory.
Can a BFA be challenged later?
Yes, but proper drafting reduces risk significantly.
Is disclosure required?
While not strictly mandated, lack of disclosure can invalidate an agreement.
Next Step
Book a Screening Call (10–15 mins, no fee), or
Book a Strategy Session (billed at our standard hourly rate)

