Frequently Asked Questions

Find answers to common questions about binding financial agreements, our templates, and the process.

About Our Templates

What format are the templates in?

Our templates are provided in Microsoft Word (.docx) and PDF format. The Word version is fully editable so you can customise it with your details. A PDF version is included for reference.

How do I receive my template?

Instantly after purchase. You'll receive a download link via email and can also download directly from the purchase confirmation page. Templates are delivered via our payment partner Polar.sh.

Can I use the template more than once?

Each purchase is for your personal use in one agreement. If you need a template for a different agreement or relationship, please purchase the relevant template separately.

Are the templates up to date?

Yes. Our templates are reviewed regularly and updated to reflect changes in Australian family law. The last review date is shown on each template page.

Who drafted the templates?

Our templates are drafted by Australian legal professionals with experience in family law. See our Our Lawyers page for more information.

About Binding Financial Agreements

What is a binding financial agreement (BFA)?

A BFA is a legally binding contract under the Family Law Act 1975 that sets out how property, finances, and superannuation will be divided between a couple. It can be made before, during, or after a relationship. See our comprehensive guide.

Is a BFA legally binding?

Yes, when properly executed. Both parties must sign the agreement, and both must receive independent legal advice from separate lawyers who each provide a signed certificate. Without proper ILA, the agreement may not be enforceable.

Can a BFA be overturned?

A court can set aside a BFA under certain circumstances: fraud, non-disclosure of assets, duress, unconscionable conduct, or a material change in circumstances (especially regarding children). Proper execution and full disclosure minimise this risk.

Do I need a lawyer?

For a BFA to be legally binding, both parties must receive independent legal advice. This is a legal requirement, not optional. Our templates handle the drafting - you just need a lawyer to review and provide the certificate. See our Our Lawyers page for affordable options.

What's the difference between a BFA and consent orders?

A BFA is a private contract that doesn't require court approval. Consent orders are filed with the Family Court and must be approved by a judge as "just and equitable." Both are legally binding.

About the Process

How long does the process take?

The template can be customised in a few hours. Allow 1-4 weeks for both parties to obtain independent legal advice and sign. The total timeline depends on how quickly you and your lawyers can arrange appointments.

How much does it cost in total?

Template costs range from $24.95 to $245. Independent legal advice typically costs $300-$800 per party. Total cost is usually under $1,500 for both parties - compared to $3,000-$10,000+ using a lawyer for the entire process.

Can we use the same lawyer?

No. Each party must receive independent legal advice from a separate lawyer. Using the same lawyer would invalidate the agreement.

What if we can't agree on the terms?

Our templates are for couples who have already agreed on how to divide their property. If you can't agree, consider family dispute resolution (mediation) first. If agreement still isn't possible, you may need to apply to the Family Court.

Specific Situations

We live in Western Australia - can we use these templates?

Yes. For married WA couples, use the standard national templates. For WA de facto couples, select the WA-specific tier (205ZN, 205ZO, or 205ZP) on the relevant template page. See our WA landing page.

We're a same-sex couple - do we need a different template?

No. All our templates are gender-neutral and work for all couples. See our same-sex couples page.

Can we include superannuation in our agreement?

Yes. Many of our templates offer a "+ Super Split" tier that includes superannuation splitting provisions.

What about children and parenting?

Financial agreements cannot include parenting arrangements. For children's matters, use our Parenting Plan and/or Child Support Agreement templates.

I've already divorced - can I still use a financial agreement?

Yes. A section 90D agreement is specifically designed for couples who have already divorced. There is no time limit for making a BFA (unlike court applications, which have a 12-month limit after divorce). See our divorce financial agreement template.

Still have questions?