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A De Facto Financial Agreement is a legally binding contract under the Family Law Act 1975 that allows de facto partners to decide how their assets, property, money, superannuation and liabilities will be divided if they later separate.
It is the strongest legal tool for protecting your financial future before, during, or after a de facto relationship — without ever needing to go to court.
This comprehensive 2025 guide explains everything you need to know, including enforceability, costs, what the agreement covers, and how to formalise one properly.
What Is a De Facto Financial Agreement?
A De Facto Financial Agreement (DFFA) is a private, enforceable contract between two people in a de facto relationship that sets out:
- how assets will be divided if you separate
- who keeps the home
- how future property will be treated
- how superannuation is handled
- who is responsible for debts
- how payouts or refinancing will occur
- whether spousal maintenance is included or excluded
These agreements can be made:
- before becoming de facto (s 90UB)
- during a de facto relationship (s 90UC)
- after a de facto separation (s 90UD)
When Are You Legally “De Facto”?
Under the Family Law Act, you are considered de facto if:
- you have lived together for 2 years or more, OR
- you have a child together, OR
- one partner made significant financial or non-financial contributions, OR
- your relationship is registered (in applicable states)
You do not need joint bank accounts or shared ownership of property to be considered de facto.
What a De Facto Financial Agreement Can Cover
A properly drafted agreement can protect:
✔ Existing Assets
- homes and investment properties
- bank accounts and savings
- shares, crypto, and investments
- vehicles and valuables
- businesses and company holdings
- trust interests
- personal items
✔ Future Assets
- future savings
- future property
- bonuses and income
- business growth
- inheritances received later
✔ Superannuation
- super splitting
- offsetting super against home equity
Learn more: Superannuation Splitting Orders
✔ Family Contributions
- parental gifts
- early inheritance
- money loaned or gifted for a house deposit
✔ If the Relationship Ends
- who keeps the home
- payout formulas / refinance structure
- division of assets
- division of debts
- arrangements for pets (2025 reform)
A DFFA removes uncertainty and prevents conflict later.
Why Couples Use a De Facto Financial Agreement
- To protect assets brought into the relationship
- To safeguard inheritances and family money
- To avoid expensive court proceedings
- To define financial boundaries
- To protect children from previous relationships
- To protect business or trust assets
- To avoid possible claims about contributions
- To prevent disputes if the relationship ends
It provides certainty, security, and clarity.
De Facto Agreement vs Prenup (They’re the Same Law)
A De Facto Financial Agreement is effectively a prenup for non-married couples.
If you later marry, you can:
- keep the same agreement (if drafted correctly), OR
- upgrade to a Prenuptial Agreement (s 90B)
Are De Facto Financial Agreements Enforceable?
Yes — if they comply with the law.
To be enforceable, the agreement must meet strict requirements:
✔ both partners receive independent legal advice
✔ both lawyers sign Certificates of Advice
✔ full and honest disclosure is provided
✔ no pressure, duress, or rushing
✔ the terms are reasonably fair
✔ the drafting meets all Family Law Act requirements
When done properly, these agreements are very secure.
Why Some Agreements Fail (And Why Ours Don’t)
Invalid agreements typically involve:
❌ DIY templates
❌ signing without proper legal advice
❌ one-sided or unfair terms
❌ missing clauses
❌ inaccurate financial disclosure
❌ rushing before a move or event
At Adams United Lawyers:
✔ we draft to court-proof standard
✔ we ensure full disclosure
✔ we structure enforceable terms
✔ we provide proper legal advice
✔ we prevent every common failure point
How Much Does a De Facto Financial Agreement Cost?
Most law firms charge $3,000–$7,000+ per person.
Adams United Lawyers Fixed Fee:
🔥 $2,200 including GST
Includes:
- drafting
- unlimited revisions
- disclosure assistance
- full written legal advice
- Certificate of Advice
- negotiation
- 72-hour turnaround
- nationwide service
Partner’s Independent Lawyer — Fixed Fee $990
Referral provided on request to access reputable lawyers with fixed fees – ask us for our referral list.
➡ No hourly billing.
➡ No add-ons.
➡ No hidden charges.
How Long Does It Take?
- Standard: 72 hours
- Urgent: Same-day drafting available
Why Choose Adams United Lawyers?
✔ Specialists in financial agreements
✔ Fixed-fee pricing
✔ National service
✔ Court-standard drafting
✔ 27+ years’ experience
✔ Transparent, fast, reliable
✔ No hidden costs
Start Your De Facto Financial Agreement Today
📞 1800 407 792
📧 kadams@adamsunited.com.au
🌐 adamsunited.com.au
Frequently Asked Questions – De Facto Financial Agreements
Are de facto financial agreements legally binding?
Yes. They are enforceable under the Family Law Act if both partners receive independent legal advice and all requirements are met.
Do both partners need their own lawyer?
Yes. The agreement is invalid without two separate Certificates of Independent Legal Advice.
Can a DFFA cover future assets and inheritances?
Yes. Future savings, property, business growth, and inheritances can all be protected.
Can a de facto agreement be overturned?
Only in rare cases such as fraud, duress, non-disclosure, or severe unfairness.
What happens if we get married later?
You may keep the DFFA active or upgrade to a Prenup (s 90B).
How long does it take to complete?
Most agreements can be finalised within 72 hours.
Do we need to disclose everything?
Yes. Full and accurate disclosure is required for enforceability.
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