Your Complete Legal Guide — Binding Financial Agreements, Property Settlement, Consent Orders, Parenting, and Superannuation
This is the official FAQ guide for Adams United Lawyers, covering the most common questions families ask when separating, protecting assets, or entering into financial agreements.
Binding Financial Agreements (BFA) — FAQs
What is a Binding Financial Agreement?
A Binding Financial Agreement (BFA) is a private contract under the Family Law Act that sets out how assets, property, money and superannuation will be divided if a relationship ends.
Are BFAs legally enforceable?
Yes — provided both partners receive independent legal advice, disclosure is complete, and the agreement is drafted correctly.
When can we make a BFA?
- Before marriage (prenup)
- During marriage
- After separation
- Before, during, or after a de facto relationship
Do we both need our own lawyer?
Yes. The agreement is invalid without two separate Certificates of Independent Legal Advice.
Can a BFA protect future assets or inheritances?
Yes — future savings, inheritances, business growth and property purchases can all be protected.
Can a BFA be overturned?
Only in rare cases such as duress, fraud, non-disclosure or serious unfairness. Proper drafting prevents this.
Prenuptial Agreements — FAQs
Are prenups recognised in Australia?
Yes — a prenup is a Binding Financial Agreement under s 90B.
Can a prenup include superannuation?
Yes — super splitting clauses or offset arrangements can be included.
What happens if we get married after a de facto agreement?
Your agreement can continue operating or be upgraded to a prenup.
De Facto Relationships — FAQs
When are we considered de facto?
You are de facto if:
- you’ve lived together for 2+ years
- OR you have a child
- OR significant contributions were made
- OR your relationship is registered
Can de facto couples make a financial agreement?
Yes — before, during or after the relationship.
Separation Agreements — FAQs
What is a Separation Financial Agreement?
A legally binding contract finalising asset division after separation without going to court.
Is it better than Consent Orders?
Consent Orders are generally stronger, but Separation Agreements offer more privacy and flexibility.
Do we still need two lawyers?
Yes — each partner must receive independent legal advice.
Property Settlement — FAQs
Do we have to split assets 50/50?
No. The Court considers:
- contributions
- future needs
- fairness
- children
- health
- income capacity
What is included in the asset pool?
Everything:
- homes
- investment properties
- savings
- debts
- businesses
- superannuation
- vehicles
- shares and crypto
How long do we have to settle property after separation?
- Married: 12 months after divorce
- De facto: 2 years after separation
Do we have to go to court?
No. Most couples settle through Consent Orders or a Separation Agreement.
Consent Orders — FAQs
What are Consent Orders?
A formal property or parenting agreement approved by the Court without requiring attendance.
Are Consent Orders enforceable?
Yes — they have the same effect as a judge’s order.
How long do Consent Orders take?
Generally 4–8 weeks from filing to approval.
Do both parties need lawyers?
Not compulsory, but strongly recommended for accuracy and enforceability.
Superannuation — FAQs
Can superannuation be split during a separation?
Yes — super is treated as property.
How is super split?
- percentage split
- base amount split
- offsetting against other property
What is procedural fairness?
The super fund must receive the proposed split wording before Orders are made. Without this step, the fund may refuse to implement the split.
Does a super split give cash?
No. Funds remain preserved until standard release conditions apply.
Parenting — FAQs
Is a Parenting Plan legally binding?
No — but it can be converted into Consent Orders, which are enforceable.
What if we can’t agree on parenting arrangements?
You may need mediation. If unresolved, the Court may be required to decide.
Does the Court favour mothers or fathers?
No. Australian law focuses on the best interests of the child, not gender.
Can a court consider children’s wishes?
Yes — depending on age, maturity and circumstances.
Legal Process & Costs — FAQs
Do you offer fixed fees?
Yes — all Adams United Lawyers family law services are fixed-fee, transparent and national.
Is location an issue?
No. Family law is federal legislation. We act for clients nationwide via phone, video, and email.
How fast can you draft agreements?
Most within 72 hours. Urgent drafting is available same-day.
Contact Adams United Lawyers
If you need advice, drafting or help resolving a family law matter, our team is ready to assist.
📞 1800 407 792
📧 kadams@adamsunited.com.au
🌐 adamsunited.com.au
