Binding Financial Agreement: A Complete Guide

Amasha
May 31, 2023
Last updated October 11, 2025
7 min read
Binding financial agreement- blog cover image.png

What is a Binding Financial Agreement (BFA)?

A BFA is a legal agreement between two parties in a marriage or de facto relationship that stipulates how their assets, financial resources, and debts will be distributed in the event of a relationship breakdown. BFAs offer a certain level of predictability and control over your financial future post-separation.

Why do you need a BFA?

  1. Financial Certainty: BFAs provide parties with certainty about their financial situation should their relationship end. It establishes a clear blueprint for the distribution of assets, helping individuals to plan their financial future post-separation.

  2. Security: Through a BFA, parties can protect their assets, including those brought into the relationship, inherited assets, and family gifts. This is particularly beneficial for parties entering into second or subsequent relationships.

  3. Flexibility: BFAs allow for flexibility and can be tailored to suit individual circumstances. They can encompass a broad range of financial matters, including property, spousal maintenance, superannuation, and other financial resources.

  4. Avoidance of Court Proceedings: BFAs can help prevent the often time-consuming and expensive process of court disputes over property and financial matters, potentially saving both parties significant stress, time, and money.

  5. Moving in as a De Facto Couple: If you're moving in together as a de facto couple, a BFA can provide a framework for how property and finances would be fairly distributed in the event of separation.

When can you enter into a BFA?

You can enter into a BFA before, during, or after a marriage or de facto relationship. It's often prepared pre-emptively (pre-nuptial agreement), but can also be arranged during the relationship or post-separation.

If you and your ex-partner are in amicable terms, it is advisable that you enter into a BFA at the initial stages of separation, while resolutions could be arrived at an early stage without the need for litigation.

Key Takeways

  1. A BFA covers many financial matters, including property, spousal maintenance, child support, superannuation, and other financial resources.
  2. You can enter into a BFA before, during, or after a marriage or de facto relationship.
  3. Before entering into a BFA, each party should seek independent legal advice.
  4. A BFA can be terminated by a subsequent agreement, satisfying the previous legal formalities between the parties.

Path to a Binding financial agreement: A step-by-step guide

  1. Full and Frank disclosure requirement: Initiating the BFA process involves both parties meticulously gathering and disclosing all financial information, including assets, liabilities, income, and superannuation. Honesty is paramount; any concealment or underestimation of assets could jeopardize the agreement's validity.

  2. Independent Legal Advice: While it might seem convenient, both parties cannot share the same lawyer when preparing a BFA. Independent legal advice is mandatory for each party, ensuring a clear understanding of their rights, obligations, and the consequences of the agreement.

  3. Drafting the Agreement: The BFA is drafted according to the mutually agreed terms and conditions that have been discussed between both parties and their lawyers.

  4. Execution of the Agreement: Once both parties guided by their respective lawyers, reviews its terms thoroughly and agreed to its terms, the BFA is signed. Upon agreement each lawyer issues a certificate verifying that their client has received independent advice regarding the agreement's implications. Consequently, the signed and certified BFA takes effect, becoming a legally binding document.

  5. Safekeeping of the Agreement: As the final step, it is imperative for both parties to securely store a copy of the executed BFA, ensuring its accessibility for future reference.

Scope of BFAs: maintenance and superannuation

Superannuation is a crucial financial asset that can be addressed within a Binding Financial Agreement. BFA can stipulate how superannuation benefits are to be divided, which could involve a specified amount being rolled over from one party's superannuation fund to the other's, or set proportions being agreed upon.

BFAs can also address the maintenance of a party or children to a relationship post-separation. Spousal maintenance provisions are tailored to the needs and resources of each party, considering factors like age, health, income, future needs of the parties and potential ability to earn. However, once a BFA is in place, a party cannot apply to a court for a maintenance order unless the BFA is set aside.

Similarly, child maintenance terms can be included, but parties should note that these provisions must meet the relevant legal requirements to be considered valid on a BFA.

Can a BFA be set aside?

A BFA can be terminated by a subsequent agreement between the parties, provided that the new agreement satisfies the same legal formalities as the original. Courts can only set aside BFAs under certain circumstances, such as fraud, impracticality, or undue hardship to a child.

Conclusion

While BFAs can bring a sense of security and certainty, their preparation and implications are complex. It's essential to have a sound understanding of your rights and obligations, and to seek expert advice tailored to your unique circumstances.

This guide serves merely as an introduction to the extensive topic of BFAs. For more individualised guidance, we strongly recommend reaching out to our proficient team specialising in family law. We pride ourselves on providing a compassionate, understanding service, ensuring your needs and rights are front and centre. Partner with us, and face this challenging phase with confidence and expert support.

Share this article

Take control of your financial arrangements. 

Keith James

Keith James

Keith is a graduate of Monash Law School. He moved to Melbourne, Australia in 2014 and has a passion for working with migrants, who aspire to call Australia their dream home. Being a migrant himself, he has a tremendous capacity to empathise with the problems his clients face and focuses on providing them with outcomes that leads to Permanent Residency in the shortest possible time.

Keith practices in all aspects of Migration law, with a particular focus on Skilled Migration and Family visas. He stays abreast on the latest updates in state nomination criteria and has a wide range of options available to assist his clients navigate their migration aspirations.

  • LLB (Monash University, Australia)
  • Member (Law Institute of Victoria)
  • Member (Migration Institute of Australia)

Need Legal Assistance?

Our experienced legal team is here to help you with your immigration and legal matters.

Client Reviews

Latest from Google

Mathekshi Rathnayaka

Mathekshi Rathnayaka

Highly Recommended – Beyond Grateful to Mr. Keith and His Amazing Team! I honestly don’t even know where to start or how to thank Mr. Keith and his amazing team for what they’ve done for us. I first met Mr. Keith on the 1st of August. At that time, my husband had already had three visa refusals, and after everything we had been through, we had completely lost hope. It had been such a stressful and heartbreaking journey, and I was honestly at the point of giving up and moving back to Sri Lanka. During our first meeting, Mr. Keith advised us to wait around a year before applying again. But then, following a sudden government announcement, his team contacted me and suggested that we go ahead with the application. I was honestly so scared because applying again after three refusals was a huge risk, and I didn’t know if I could handle another refusal. But we decided to trust Mr. Keith and his team and give it one last try. And I still can’t believe how quickly everything happened! Within just one week, they had prepared everything and lodged my husband’s Student Subsequent Entrant visa application. Even though everything happened in such a rush, when they sent me the documents to check and sign, I was genuinely so impressed. Everything was so well prepared, and I could see how much effort they had put into our case. That’s when I finally started to feel a little hope again. And after just 1 month and 15 days, MY HUSBAND’S VISA WAS GRANTED!! I honestly still can’t believe it. After three refusals, rivers of tears, and all those times we thought this would never happen, we finally got the news we had been waiting for. Mr. Keith, I really don’t have enough words to thank you and your team. Thank you for taking on our case, for all the hard work, and for giving us hope when we had almost none left. I would 100% recommend Mr. Keith and his team to anyone struggling with a visa application, especially those who have had previous refusals. I know how hopeless it can feel because we’ve been through it ourselves. I’ll forever be grateful to you and your team. Thank you so, so much for everything! ❤️

in the last week

Lucky S

Lucky S

Thanks heaps to Thamasha & Keith for prompt help. I highly recommend M J Legal professional services. M J legal are interstate to me, I found them on facebook, sensed they are “honest, transparent, customer service focused, pricing their services reasonable & experts in immigration law” and liaised with them on WhatsApp messaging and engaged them straight away, I didn’t even meet them in person. You don’t need a second thought, JUST go ahead with engaging them for your immigration matters.

in the last week

Daneesha Fonseka

Daneesha Fonseka

I had a great experience with Lavanya and Keith throughout the property purchasing process. They were professional, responsive, knowledgeable and thorough, keeping me informed at every stage and making what can be a stressful process feel smooth and straightforward. They were always happy to answer my questions, explain the details clearly and ensure everything was handled efficiently and with care. I really appreciated their attention to detail, reliability and commitment to making the entire process as seamless as possible. I would highly recommend their services to anyone looking for a trustworthy and professional conveyancer. Thank you for all your help and support!

3 weeks ago

kavindu amugoda

kavindu amugoda

I’m really grateful to Keith and the whole MJ Legal team for all the help and support throughout the process. Keith was always very helpful, professional and easy to talk to. Whenever I had questions or was stressed about something, he explained everything clearly and always made me feel supported. The whole team was really good with communication and handled everything very professionally. I’m really happy with the outcome and I truly appreciate all the work they did for me. I would definitely recommend MJ Legal to anyone who needs immigration help. Thank you so much Keith and the team for everything. I really appreciate it.

a month ago

Neth Udakara

Neth Udakara

I’m so happy to have received my visa! A big thank you to MJ Legal for their support throughout the process. Special thanks to Amasha for being so helpful, and supportive every step of the way. She and team made the whole process much easier and stress-free. Really appreciate all your help and highly recommend MJ Legal!

a month ago

Google

More reviews

See the latest on Google

Read authentic experiences from our clients.