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Binding Financial Agreements

Protect Your Assets. Secure Your Future.

Whether you're entering a new relationship, already in one, or going through a separation — a Binding Financial Agreement (BFA) gives you clarity, control, and peace of mind over your financial future.

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What is a Binding Financial Agreement?

A Binding Financial Agreement (BFA) — sometimes called a "prenup" — is a legally enforceable contract between two parties in a relationship. It sets out how assets, liabilities, superannuation, and financial resources will be divided if the relationship breaks down.

Under the Family Law Act 1975 (Cth), BFAs can be made before, during, or after a marriage or de facto relationship. When properly drafted, they are legally binding and can prevent the need for costly and emotionally draining court proceedings.

At OneStop Legal, our experienced family lawyers draft, review, and finalise BFAs that comply with all legal requirements — protecting your interests while keeping the process simple and transparent.

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Types of Binding Financial Agreements

A BFA for every stage of your relationship

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Prenuptial Agreement

Made before marriage or a de facto relationship begins. Ideal for protecting pre-existing assets, business interests, inheritances, and setting clear financial expectations from the start.

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Postnuptial Agreement

Entered into during a marriage or de facto relationship. Perfect for couples whose financial circumstances have changed — such as receiving an inheritance, starting a business, or acquiring property.

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Separation Agreement

Created after a relationship has ended. A practical alternative to going to court — allowing both parties to agree on how assets, debts, and finances are divided on their own terms.

Why Consider a BFA?

The smart way to protect what matters most

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Asset Protection

Safeguard property, savings, investments, business interests, and inheritances you bring into the relationship — ensuring they remain protected if things don't work out.

Clarity & Certainty

Eliminate ambiguity and potential disputes by clearly defining how finances will be handled. Both parties know exactly where they stand from day one.

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Save Time & Money

Avoid the emotional toll, lengthy timelines, and significant legal costs of going to the Family Court. A well-drafted BFA provides a faster, more cost-effective resolution.

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Peace of Mind

Focus on your relationship knowing that financial matters are settled. A BFA isn't about distrust — it's about responsible planning and mutual respect.

Key Elements of a BFA

What a comprehensive agreement covers

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Party Identification

Full details of both parties entering into the agreement, including legal names and relationship status.

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Asset & Liability Disclosure

A comprehensive list of all assets, debts, superannuation, and financial resources held by each party.

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Property Division

A detailed plan outlining how real estate, investments, personal property, and other assets will be divided.

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Spousal Maintenance

Arrangements for ongoing financial support, if applicable, including amount, duration, and conditions.

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Independent Legal Advice

Confirmation that both parties have received independent legal advice — a mandatory requirement for enforceability.

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Signatures & Witnessing

Both parties must sign the agreement, with each lawyer's certificate of independent advice attached.

How We Help

Our simple 4-step process

1

Free Consultation

We start with a thorough, no-obligation consultation to understand your situation, goals, and what you need from your BFA.

2

Expert Drafting

Our experienced family lawyers draft a comprehensive BFA tailored to your specific circumstances, covering every detail that matters.

3

Review & Advice

We provide independent legal advice and ensure both parties fully understand the terms and implications of the agreement.

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Finalisation

We handle signing, witnessing, and attach all required legal certificates to ensure your BFA is fully enforceable.

Frequently Asked Questions

Common questions about Binding Financial Agreements

Can a BFA be overturned? +
Yes, a court can set aside a BFA in limited circumstances — such as fraud, failure to disclose assets, duress, or if one party did not receive proper independent legal advice. That's why it's critical to have a qualified lawyer draft your agreement to minimise any risk of it being challenged.
Do both parties need separate lawyers? +
Yes. Under the Family Law Act, both parties must obtain independent legal advice from their own separate lawyer. This is a mandatory legal requirement — without it, the BFA may not be enforceable.
How much does a BFA cost? +
The cost depends on the complexity of your financial situation. At OneStop Legal, we offer transparent, competitive pricing and will provide a clear quote upfront after your initial consultation. Contact us for a free, no-obligation discussion.
Can a BFA be changed after it's signed? +
Yes. A BFA can be varied or terminated by a new written agreement between both parties, provided both receive fresh independent legal advice. We can assist with updating your agreement as your circumstances change.
Does a BFA cover children's matters? +
No. A BFA deals with financial and property matters only. Child custody, parenting arrangements, and child support are governed separately under the Family Law Act and cannot be included in a BFA.
Is a BFA the same as a prenup? +
Essentially, yes. In Australia, what is commonly called a "prenup" or "prenuptial agreement" is formally known as a Binding Financial Agreement (BFA). However, BFAs can be made at any stage — before, during, or after a relationship — not just before marriage.

Protect Your Financial Future Today

Book a consultation with our experienced family lawyers and get expert advice tailored to your situation.