What is a Binding Financial Agreement?
A Binding Financial Agreement (BFA) is a written financial agreement recognised under the Family Law Act 1975 (Cth). It allows couples who are engaged, married, or divorced to decide how property, debts, and financial resources will be divided if the relationship breaks down. Unlike leaving matters to the Court, a BFA gives parties control over financial outcomes and helps reduce the risk of costly disputes.

When can a BFA be made?

• Pre-nuptial Agreement (before marriage): protects existing assets prior to entering marriage.
• During marriage: regulates financial management and property division while the relationship is ongoing.
• After divorce: clearly sets out the division of assets and liabilities to avoid prolonged litigation.

What issues are commonly covered in a BFA?

• Division of real estate, businesses, company shares, or trust assets.
• Allocation of financial assets such as savings, investments, and securities.
• Splitting of superannuation interests.
• Responsibility for debts and liabilities.
• Spousal maintenance obligations.

How can Nguyen Do Lawyers assist you?

• Advising on the validity and enforceability of a BFA under the Family Law Act 1975.
• Drafting or reviewing agreements to ensure fairness and compliance.
• Representing clients in negotiations to safeguard their financial interests.
• Minimising the risk of agreements being challenged or set aside in Court.
• Helping clients save time and costs compared to Court proceedings.

Talk to Nguyen Do Lawyers about a Binding Financial Agreement. We will explain the legal requirements, the risks and the likely costs before you decide. Call (03) 9364 8076 to book a consultation.