Complete Guide

Binding Financial Agreement Templates

A binding financial agreement (BFA) is a legally binding contract under the Family Law Act 1975 that allows couples to decide how their property, finances, and superannuation will be divided - without going to court. Find the right template for your situation below.

Which template do you need?

Select your relationship stage to find the right binding financial agreement.

Before

Prenuptial Agreement (s90B) Before marriage Pre-Cohabitation Agreement (s90UB) Before moving in (de facto)

During

Postnuptial Agreement (s90C) During marriage Cohabitation Agreement (s90UC) During de facto relationship

After

Marriage Separation Agreement (s90C) After marriage separation De Facto Separation Agreement (s90UD) After de facto separation Divorce Financial Agreement (s90D) After divorce

Other agreement templates

Parenting Plan Child Support Agreement Pet Care Agreement Last Will & Testament

What is a binding financial agreement?

A binding financial agreement (BFA) is a private contract between two parties in a relationship - whether de facto, married, separated, or divorced - that sets out how property, financial resources, and spousal maintenance will be dealt with in the event of a relationship breakdown.

BFAs are governed by Part VIIIA (married couples) and Part VIIIAB (de facto couples) of the Family Law Act 1975 (Cth). When properly executed, a BFA prevents either party from applying to the Family Court for a property settlement.

Types of binding financial agreements

The Family Law Act provides for different types of BFAs depending on the relationship type and timing:

For married couples

  • Section 90B - made before marriage (prenuptial agreement)
  • Section 90C - made during marriage (postnuptial) or after separation
  • Section 90D - made after divorce

For de facto couples

  • Section 90UB - made before the de facto relationship begins
  • Section 90UC - made during the de facto relationship
  • Section 90UD - made after the de facto relationship ends

Requirements for a valid BFA

For a binding financial agreement to be legally enforceable, it must meet the following requirements under section 90G of the Family Law Act:

  1. The agreement must be in writing and signed by both parties
  2. Each party must receive independent legal advice from a lawyer about the effect of the agreement on their rights and the advantages and disadvantages of making it
  3. Each lawyer must provide a signed certificate stating that the advice was given
  4. The original agreement and certificates must be given to each party
  5. The agreement must not have been terminated or set aside by a court

All of our BFA templates include the required statement and certificate clauses. You will need to engage a lawyer separately for the independent legal advice - see our lawyer panel for affordable options.

Can a BFA be set aside?

A court may set aside a BFA under section 90K if:

  • There was fraud, including failure to disclose material assets
  • The agreement was obtained through duress or unconscionable conduct
  • The agreement is void or unenforceable
  • Circumstances have changed materially since the agreement was made (particularly relating to the care of children), making the agreement impracticable

This is why full financial disclosure and proper independent legal advice are essential to ensuring your BFA stands up.

BFA vs consent orders

Both BFAs and consent orders can formalise a property settlement, but they work differently:

  • BFA - private contract, doesn't require court approval, requires independent legal advice, can be made at any stage
  • Consent orders - filed with the Family Court, must be approved by a judge as "just and equitable," legally enforceable as a court order

If you prefer the court-approved route, you may wish to seek legal advice about consent orders as an alternative.