Fixed Fee Lawyers | Prenuptial • De Facto • Cohabitation • Separation

A Binding Financial Agreement (BFA) is a legally enforceable contract under the Family Law Act 1975 that allows couples to determine how their assets, superannuation, money, businesses, and property will be divided if their relationship ends.
It is the strongest legal tool for protecting your financial future — whether before marriage, during a relationship, or after separation.

This comprehensive 2025 guide explains every type of BFA, what they cover, who needs one, how enforceability works, how much they cost, and how to protect yourself with clear, fixed-fee legal drafting.

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What Is a Binding Financial Agreement?

A Binding Financial Agreement (BFA) is a private, legally binding contract between two partners that sets out:

 

• • how assets are divided

• • how future property will be treated

• • how contributions are recognised

• • what happens to superannuation

• • how debts and liabilities are managed

• • whether spousal maintenance is included or excluded

• • who keeps the home, business, or investments

It is the only alternative to Consent Orders for controlling your financial outcome without going to court.

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When Can You Make a BFA?

Under the Family Law Act 1975, BFAs come in six forms:

During a Marriage

• • s 90C – Financial Agreement during marriage
    Used to protect assets while you are together.

After Separation (Married)

• • s 90D – Separation Financial Agreement
    Used to finalise the property settlement after a marriage ends.

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Before Marriage

• • s 90B – Prenuptial Agreement (Prenup)

Before De Facto

• • s 90UB – Cohabitation Agreement

During De Facto

• • s 90UC – De Facto Financial Agreement
    
    

After De Facto Separation

• • s 90UD – De Facto Separation Agreement
    
    

All six are Binding Financial Agreements. Only the timing and section number differ.

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What Does a BFA Cover?

A well-written BFA can cover every major financial component of a relationship.

Existing Assets

• • Homes, investment properties, land

• • Savings and bank accounts

• • Shares, crypto, investments

• • Motor vehicles, boats, caravans

• • Trust interests, business ownership

• • Furniture, valuables, collections

Future Assets

• • Future purchases

• • Future savings

• • Joint assets

• • Newly acquired property

• • Earnings and bonuses

Inheritances & Family Gifts

 

• • Current inheritances

• • Future inheritances

• • Early parental gifts

• • Family loans and contributions

Superannuation

• • Superannuation splits

• • Offsetting super against property
    
    

Financial Responsibilities

• • Mortgage and rent contributions

• • Household expenses

• • Debts and liabilities

• • Business profits

If the Relationship Ends

 

• • Who keeps the home

• • Payout structure or refinance

• • Division of assets

• • Division of debts

• • Superannuation splits

• • Spousal maintenance clauses

• • Pet ownership (2025 reform)

A BFA removes uncertainty and prevents financial disputes.

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Why People Choose a BFA (Real Reasons From Clients)

 

• • One partner owns property

• • Unequal contributions

• • Protecting inheritance

• • Protecting children from previous relationships

• • Avoiding court or future conflict

• • Buying a home together

• • Starting a business

• • Blended families

• • High-income earning disparity

• • FIFO / long-distance relationships

• • Family paying the deposit (“bank of mum and dad”)

• • Wanting financial clarity and certainty

A BFA gives you control, not the court.

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Are BFAs Enforceable? Yes — If Done Properly.

A BFA is legally enforceable if:

✔ Both partners received independent legal advice
✔ Both lawyers sign Certificates of Advice
✔ Full financial disclosure is provided
✔ No pressure, threats, or duress
✔ The agreement is drafted properly
✔ Terms are “just and equitable”

When done correctly, BFAs are extremely difficult to challenge.

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Why Some BFAs Get Set Aside (And Ours Don’t)

Courts may overturn BFAs when:

❌ No lawyer provided proper advice
❌ Financial disclosure was incomplete
❌ There was pressure to sign (“sign this or no wedding”)
❌ Agreement heavily favoured one partner
❌ It was downloaded or DIY
❌ The drafting didn’t meet statutory requirements

At Adams United Lawyers:

✔ We draft every BFA to court-proof standard
✔ We ensure full and honest disclosure
✔ We provide clear written legal advice
✔ We structure fair, enforceable outcomes
✔ We prevent the common errors that void agreements

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Binding Financial Agreement vs Consent Orders

Feature	BFA	Consent Orders
Can be done before a relationship?	✔ Yes	❌ No
Covers future assets?	✔ Yes	❌ No
Covers inheritances?	✔ Yes	❌ Limited
Requires Court approval?	❌ No	✔ Yes
Enforceable nationwide?	✔ Yes	✔ Yes
Preferred during relationship?	✔ Yes	❌ No
Preferred after separation?	✔ Yes	✔ Yes

Internal link:
→ https://adamsunited.com.au/consent-orders-australia/

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How Much Does a BFA Cost in Australia? (2025 Pricing)

Typical market pricing: $3,000–$8,000+ per party.

Adams United Lawyers Fixed Fee:

$2,200 including GST
Includes:

• • full BFA drafting

• • unlimited revisions

• • negotiation

• • full legal advice

• • Certificate of Advice

• • nationwide service

• • 72-hour turnaround

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Is a BFA Worth It?

A BFA is extremely worthwhile if:

✔ You own assets
✔ You expect a future inheritance
✔ Your parents have contributed money
✔ One partner earns significantly more
✔ You have children from previous relationships
✔ You want to avoid court
✔ You want certainty for the future

A BFA can prevent years of litigation and tens of thousands in legal fees.

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How Long Does a BFA Take?

• • Standard: 72 hours

• • Express: same-day drafting available

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Why Choose Adams United Lawyers?

✔ National BFA specialists
✔ Fixed fee pricing
✔ Fast 72-hour turnaround
✔ Court-compliant drafting
✔ No hidden fees
✔ 27+ years’ experience
✔ We assist both parties (via referral)
✔ Clear, practical communication

Your agreement will be drafted to withstand scrutiny.

Contact Us

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Start Your Binding Financial Agreement Today

Adams United Lawyers 

📞 1800 407 792
📧 kadams@adamsunited.com.au
🌐 adamsunited.com.au

Further Reading & Official Resources
• Family Law Act 1975 — legislation.gov.au
• Federal Circuit & Family Court of Australia — fcfcoa.gov.au
• Attorney-General’s Department – Family Law Overview — ag.gov.au/families-and-marriage
• Services Australia – Separated Parents Info — servicesaustralia.gov.au/separated-parents
• ATO – Superannuation Splitting Basics — ato.gov.au/rates/super-splitting
• MoneySmart – Divorce and Separation Financial Guide — moneysmart.gov.au/life-events-and-you/divorce-and-separation