Family Law & Divorce

Binding Financial Agreement

Also known as: BFA, prenup, prenuptial agreement

In plain English

A private contract setting out how a couple's assets are divided if they separate — sometimes called a "prenup".

What it means

A Binding Financial Agreement (BFA) is a private contract under the Family Law Act that records how a couple's property and finances will be divided. It can be made before, during, or after a marriage or de facto relationship. Unlike consent orders, a BFA is not approved by a court — but to be enforceable, each party must receive independent legal advice before signing, and strict formal requirements must be met. If those requirements are not followed, the agreement can later be set aside.

How it's used

Before moving in together, the couple signed a binding financial agreement protecting the home Jess had owned for ten years.

Dealing with binding financial agreement in real life?

Divorce, property settlement, parenting and de facto matters at a fixed fee. Our AI assistant, Rachel Z, takes your details in minutes and a qualified Australian lawyer handles the rest — at a fixed fee, with no hourly billing.