Fixed-Fee Binding Financial Agreements to Protect Your Assets

Our binding financial agreements protect you and give you peace of mind in your relationship.

We can draft a new Binding Financial Agreement for $5,500, or review an existing BFA for $770.

Protect Your Assets

Your belongings and wealth are protected during a divorce or separation with this highly effective, legally binding agreement.

Secure Your Future

If your relationship breaks down, you can secure your future by agreeing with your partner to privately settle matters without needing to go to court.

Avoid Financial Disputes

A break-up is difficult enough without the added stress of arguments over finances. A binding financial agreement can resolve these issues in advance.

Our Reviews

As a small family law firm, we treat our clients as individuals and respect the difficulties of each situation. We provide honest family law advice for married couples, those in de facto relationships or even those looking to enter a new relationship. See what some of our clients have to say:

Rhea DSouza
Rhea DSouza
Lance is a great family lawyer and very professional. He instantly makes you feel comfortable and at ease. His knowledge of the family law process is quite thorough.
Steve Tikellis
Steve Tikellis
Lance was courteous and professional when we needed legal advice recently regarding a personal family matter, his service and opinion was highly valuable and I would highly recommend Lance and Arcadian Legal for anyone whose looking for a trusting lawyer.
Ed Ortiz
Ed Ortiz
Lance is the best family solicitor I have ever worked with. I knew Lance since 2019 when my child custody case started. From our first meeting, he explained everything to me in terms I could easily understand and was always very responsive when I had questions outside of our meetings. If anyone is looking for a trustworthy and knowledgeable solicitor. Arcadian legal is highly recomended
Ellen Lucy
Ellen Lucy
Lance Jackson's in-depth knowledge of Family Law and Wills is very helpful to his client's! His expertise include divorces, child custody arrangements, financial agreements, probate administration, estate planning and criminal law among other things. The convenient location at Rouse Hill Town Centre is great too. Highly recommend if you are seeking a family, criminal or wills lawyer!
Ellen Shai-Hee
Ellen Shai-Hee
Thank you Lance for being such a helpful and friendly lawyer during a tough time. Your professionalism and efficiency makes things run a lot smoother.
Steve Sebbes
Steve Sebbes
I have worked alongside Lance for over 12 Months now and seen the consummate professional. He is quiet and thoughtful but he can bring out the street fighter when it’s needed. You won’t find better than Lance.
J Family
J Family
I dealt with Lance Jackson. Very helpful and friendly solicitor

Don't Risk a Costly Divorce

Enquire Now About a Binding Financial Agreement

A binding financial agreement is a legal document that deals with how assets should be separated in case of a relationship breakdown. The benefits for married couples and de facto couples include but are not limited to:

  • More cost-effective than going to court.
  • Provides certainty in a marriage or relationship breakdown.
  • Softens the blow of separation knowing you're protected by law.
  • Simplifies property settlement.

Our fixed-fee drafting binding financial agreements is $5,500 including GST. 

If you have a binding financial agreement you would like reviewed, we can assist with this. Binding financial agreement reviews start at $770 including GST

What is a Binding Financial Agreement?

A binding financial agreement (BFA) is a private contract between two people, including same-sex and heterosexual couples. This legally binding document outlines how their property will be distributed if the marriage or de facto relationship ends.

Under The Family Law Act 1975, married and de facto couples may enter into these types of financial agreements that are binding in court. Although they can be signed anytime, it is more likely to be put in place before a relationship progresses to marriage or living together.

BFA Inclusions

Binding financial agreements allow the parties to deal with the division of their property and belongings amicably without the stress and financial strain of going to family court. These types of pre-nuptial and post-nuptial agreements can cover key issues such as:

  • Joint and personally owned belongings.
  • Property division and spousal maintenance.
  • Splitting financial resources.
  • Expectations of gifts and/or inheritances.
  • Any incidental issues or circumstances.

Any binding financial agreement entered into between two parties should be carefully drafted to ensure they include all factors that will reduce the risk of any dispute later.

Want to know more about how our binding financial agreement service can help you?

Why Choose Arcadian Legal for a Financial Agreement?

We are an experienced firm dedicated to family law. From divorce and property settlement to child custody and child recovery orders, we provide the right counsel to help clients move forward through what can be a challenging and emotional time.

Help you Understand What Assets to Include

We will help you understand what type of assets to include when drawing up a binding financial agreement and how they impact your situation.

Advice About Financial Agreements

Agreeing on how to divide finances and property may seem daunting. As a highly experienced family lawyer, we'll guide you with pragmatic and practical legal advice.

Negotiate with the Other Party on Your Behalf

We will negotiate on your behalf to ensure the binding financial agreement meets your needs now and in the future. If negotiations are unsuccessful, we can represent you in the federal circuit court and family court.

Draft a Court-Enforceable Agreement

We'll identify all the issues that need to be included in the binding financial agreement and draft clauses to cover everything, ensuring the contract is legally binding with the best possible outcome.

When Can You Create a Binding Financial Agreement?

According to the Family Law Act, binding financial agreements can be entered into at different stages of a marriage or de facto relationship, even after separation.

Before the Relationship

When parties enter an agreement and take legal advice before a new relationship, they have peace of mind knowing their property and wealth are protected if the relationship ends.

During the Relationship

Just because you've married or started living with your partner doesn't mean it's too late to complete a binding financial agreement. We can help you protect your assets with a BFA at any stage of your relationship.

After the Relationship

Family law provides a time limit once a relationship breaks. Couples who have divorced have 12 months from the date of the order of divorce to enter into a binding financial agreement.

Things to Disclose When Creating a Binding Financial Agreement

To ensure the financial agreement is binding, it is essential to seek independent legal advice. At Arcadian Legal, our family lawyer will guide you through the process and advise you on what needs to be disclosed.

Occupation, Income and Superannuation Entitlements of Each Party

One of the essential legislative requirements of a binding financial agreement is that both parties have to make a full financial disclosure. Without this, you can't make an informed decision about how to divide property if the relationship changes.

Current List and Value of Jointly and Individually Owned Assets

Among the items covered by binding financial agreements between two parties are real estate, including investment property, financial resources such as joint or separate bank accounts, prized possessions, superannuation and furniture.

Detailed Information of Financial Liabilities of Both Parties

According to the law, both parties to a binding financial agreement have to set out the liabilities they have in detail. These can include any type of liability, including loans, private debts and mortgages.

Date of Commencement of the Relationship Between the Two Parties

You will need to provide brief details of when the relationship commenced, when you started to live together if you already have and the date of your forthcoming marriage if applicable.

Previous Relationship Status and Spousal or Child Support Payments

While BFAs do not cover parenting arrangements, you'll need to disclose previous relationships and whether you are paying or liable for spousal maintenance or child support payments.

Details of Dependants from Current or Previous Relationships

To comply with family law requirements, both parties to the binding financial agreement have to declare whether they have children or other dependants from a previous relationship.

Frequently Asked Questions

Are binding financial agreements similar to pre-nuptial agreements?

Binding financial agreements is the technical name, while pre-nuptial agreement or prenup is the commonly used term. One key difference is that pre-nuptial agreements are entered into before marriage, while a binding financial agreement can be drawn up before, during or after a relationship fails.

Can the court set aside a binding financial agreement?

Under the Family Law Act, the court can set aside a binding financial agreement in certain circumstances. These include if the agreement between two parties isn´t signed correctly, has been obtained through illegitimate pressure or if there was no legal advice given.

Does a financial agreement have to be lodged in court to be binding? Can it be challenged?

A financial agreement between two parties can be binding without being lodged in court. However, there are circumstances where it can be challenged. For example, if it wasn't drafted correctly or if one party or the other entered the agreement under duress or fraud. It is important to work with an experienced lawyer to ensure these are binding in court if the need arises.

What is the difference between consent orders and binding financial agreements?

There are several differences. Consent orders are filed in court, while a binding financial agreement is a contract between two parties that does not come under court scrutiny. Also, unlike binding financial agreements, consent orders can include parenting arrangements. For a court to approve proposed content orders, it should satisfy that the document is just and equitable for both parties. Once the Registrar approves these consent orders, it becomes binding and is very difficult to overturn.

How can I ensure a financial agreement is binding?

The Family Law Act sets out the requirements for binding financial agreements to be lawful. This includes both parties receiving independent legal advice, a certificate detailing the advice given annexed to the agreement and signed by each person´s legal advisor. Once both parties sign the agreement, it becomes binding. Experienced family lawyers like Arcadian Legal can help you draft a BFA that works in your best interests.

Do binding financial agreements cover same-sex couples?

Yes, they do. The Family Law Act allows for an agreement to be made between couples of the same sex or opposite sex who are about to get married or are already married. It usually has the same inclusions in the event of a relationship ending, including property settlement, spousal maintenance, splitting finances and more. Assistance from an experienced legal practitioner can help you create a BFA for your specific circumstances.

Do you need help with your Binding Financial Agreement? Contact Arcadian Legal today.