Why BFAs Fail for Most Australians – And How to Protect Yourself Properly
Most law firms write the same recycled content about Binding Financial Agreements:
“Get independent legal advice… full disclosure… it’s binding under the Family Law Act…”
Yes.
We all know that.
But the real truth is much simpler:
A BFA only works if it is drafted around your real financial life — your risks, your relationship dynamics, and your future income trajectory — not copied from outdated templates.
And that is exactly why so many prenups/postnups fall over in court.
Here’s what most firms never tell you (but you must know in 2025).
What a Binding Financial Agreement ACTUALLY Protects in 2025
What does a Binding Financial Agreement cover
Modern BFAs can protect:
- Your home (even if purchased long before the relationship)
- Future inheritances
- Businesses and family companies
- Superannuation splits
- Tax consequences of settlement
- Uneven contributions
- Children from previous relationships
- Future assets acquired after signing
- Lump-sum partner support arrangements
Most firms still treat BFAs as a simple “asset list”.
We treat them as a risk-management document — tailored to your future.
The BFA Mistakes Almost Every Couple Makes
Common mistakes in prenups and BFAs
These are the real reasons BFAs get challenged:
1. Using an online template
BFAs are not fill-in-the-blanks documents.
The courts will invalidate a poorly drafted agreement instantly.
2. Not updating the BFA after major life changes
Children, new businesses, inheritance, relocation — all require updates.
3. Rushed signatures
Signing under pressure is the most common ground for setting aside.
4. Incomplete disclosure
Even a $5,000 mistake can void an otherwise perfect agreement.
5. Lawyers who haven’t drafted a BFA in the past 12 months
Yes — genuinely.
This is why some firms still quote $8,000 to $12,000…
because they simply do not do them regularly.
Adams United Lawyers drafts and reviews BFAs every single day nationwide.
Why BFAs Are the Most Misunderstood Legal Document in Family Law
Are Binding Financial Agreements enforceable?
The Family Law Act requires:
- Full disclosure
- Genuine negotiation
- Clear, fair terms
- Independent legal advice
- No duress, misrepresentation, or unconscionable conduct
But here’s the part 99% of articles leave out:
A BFA is enforceable not because it exists, but because it was drafted correctly.
Two identical agreements can have two different outcomes depending on:
- How negotiations were recorded
- The quality of the legal advice certificates
- Whether “future risk clauses” were included
- Whether the drafting logically matches the financial evidence
This is why drafting quality matters more than price.
The ONLY 3 BFA Structures That Survive Challenge in 2025
Most firms don’t tell you this, but BFAs fall into three durability categories:
1. The “Asset Preservation” Model
Protects pre-existing assets and inheritances.
2. The “Future Growth & Business” Model
Protects businesses, income growth, intellectual property, tax implications.
3. The “Full Pool With Future Rules” Model
Designed for long-term relationships, blended families, or de facto “same roof” situations.
Most Australians need #2 or #3 but only ever get #1.
How Much Does a Binding Financial Agreement Cost in Australia (2025)?
BFA cost :
Most firms: $3,500 – $12,000
Why?
Because most outsource drafting or rarely do them.
Adams United Lawyers Fixed Fees (National)
⭐ Drafting: $2,200 incl GST
⭐ Review: $990 incl GST
Includes:
- Tailored drafting
- Full clause-by-clause advice
- Negotiation with the other lawyer
- Independent Legal Advice certificate
- Fast turnaround
No hidden fees.
No add-ons.
No extra charges for phone calls or revisions.
This is why we’re dominating the BFA space nationally.
How to Know If a BFA Is Right for You
Do I need a Binding Financial Agreement?
A BFA is essential if you:
- Own a home
- Have children from another relationship
- Expect an inheritance
- Operate a business
- Have uneven assets or income
- Are financially supporting a partner
- Want certainty and avoid court in future
If you’re living under the same roof but separated — absolutely yes.
The Court Test: Would a Judge Approve Your Agreement?
Court setting aside financial agreements
Here’s what a judge actually looks for:
✔ Was it signed freely?
✔ Were both parties advised properly?
✔ Is the agreement logical?
✔ Are the terms fair in context?
✔ Is disclosure complete?
We draft every agreement as if it will one day be scrutinised in court —
so it won’t break.
Step-by-Step Process to Finalise Your BFA (Simple & Fast)
How to make a Binding Financial Agreement
- Free consultation
- Information + financial disclosure
- Drafting (72 hours)
- Partner’s review (independent legal advice)
- Negotiations
- Signing + ILA certificates
- Secure storage
FAQ — Binding Financial Agreements (Schema Ready)
FAQ
Q1: Are Binding Financial Agreements legally binding?
Yes — when drafted and signed correctly with full disclosure and independent legal advice.
Q2: Can we do a prenup while living together as de facto?
Yes — these fall under s 90UB and s 90UC.
Q3: Are BFAs better than Consent Orders?
They serve different purposes. BFAs can manage future property division in ways that consent orders cannot.
Q4: Do we have to go to court?
No. BFAs are private, out-of-court contracts.
Q5: Can BFAs be updated?
Yes — you can either terminate and replace, or update through new agreements.
Why Australians Choose Adams United Lawyers for Their BFA
Adams United Lawyers are leaders in drafting and reviewing Binding Financial Agreements.
- Fixed fees
- Fast turnaround
- Nationwide service
- Experienced family-law specialists
- Clear, simple drafting
- No drama, no fear, no pressure
Book Your Free 15-Minute Consultation
Speak with Katie or Darren today.
We’ll explain your rights, your risks, and exactly how to protect your assets.
📞 1800 407 792
📧 kadams@adamsunited.com.au
