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Binding Financial Agreements Sydney

What is a Binding Financial Agreement?

A Binding Financial Agreement (BFA) is a legally enforceable contract between two people, married, de facto, or about to be either, that sets out how your finances and property will be handled if the relationship ends.

It’s often called a “pre-nup“, but BFAs can be entered into at three stages:

Before a marriage or de facto relationship begins (a “pre-nuptial agreement”)
During the relationship (a “post-nuptial agreement”)
After separation (instead of consent orders)

When a BFA makes sense

You’re entering a second marriage with children from a prior relationship whose inheritance you want to protect
One of you has significantly more assets, a business, or an inheritance coming
You’re in a de facto relationship and want clarity about property rights
You’ve separated and want a private contract rather than a court-approved order
You own a business with others (partners, family) who need certainty about the business’s future

What makes a BFA "binding"?

The requirements are strict. For a BFA to be legally valid, each party must receive independent legal advice before signing, and that advice must be certified in writing. If that’s missed, or done poorly, the whole agreement can be set aside.

This is not a DIY document. BFAs are one of the most technical areas of family law, and a badly drafted one is often worse than none at all.

How we draft BFAs

Initial consultation: understand your situation, relationship status, and what you're trying to protect
Disclosure: both sides exchange full and frank financial information
Drafting: we draft an agreement tailored to your circumstances, not a template
Independent advice: your partner engages their own lawyer for independent advice
Signing and certification: both sides sign; each lawyer certifies the advice given

How we work with you

Free 20-minute consultation

Tell us what's happening, ask any question, no obligation

Clear scope and costs

We'll tell you what the next step costs before you take it

Senior lawyer on every matter

Mark Borda, Accredited Specialist, works with you directly

Negotiation-first approach

Court is sometimes necessary, but rarely the best first step

Considering a BFA?

Book a free 20-minute consultation to talk through whether it’s right for you