Introduction
This Binding Financial Agreement precedent is designed for parties who have already divorced and wish to regulate their financial arrangements following the dissolution of their marriage.
The agreement allows former spouses to determine how property, financial resources and liabilities will be dealt with without commencing property settlement proceedings in the Family Court.
Drafted for use under section 90D of the Family Law Act 1975, the precedent includes the independent legal advice provisions required for a binding financial agreement.
Binding Financial Agreements are sometimes referred to as “prenups” in Australia. Under the Family Law Act 1975, financial agreements may be entered into before marriage, during a marriage, after separation or after divorce.
Professionally Drafted Legal Precedent
Prepared by Australian legal professionals, this precedent provides a practical framework for use with the Contract for Sale and Purchase of Land 2026.
The document is fully editable in Microsoft Word and ready for immediate use.
At A Glance
What This Document Covers
• Binding Financial Agreement for parties who have divorced
• Regulation of property and financial arrangements after divorce
• Division of assets, liabilities and financial resources
• Financial arrangements without court proceedings
Key Clauses Included
• Property division provisions
• Asset and liability schedules
• Independent legal advice statements required under the legislation
• General provisions governing financial arrangements
Typical Use
• Former spouses finalising financial matters after divorce
• Documenting agreed property settlements
• Avoiding property settlement litigation
• Providing certainty about financial arrangements
Download Details
• Lawyer-drafted Binding Financial Agreement precedent
• Fully editable Microsoft Word document
• Suitable for Australian family law practitioners
• Instant download available immediately after purchase
Drafted by Legal Professionals
Our precedents are prepared by Australian legal practitioners and reflect commonly used legal drafting standards.
Practical and Easy to Use
Each template provides a structured framework that can be adapted to suit the specific transaction or matter.
Instant Access
Download immediately after purchase and edit the document in Microsoft Word to suit your requirements.
Related Precedents
• Separation Agreement
• Property Settlement Agreement
• Binding Financial Agreement (De Facto Relationship)
• Separation Agreement
• Property Settlement Agreement
Frequently Asked Questions
What is a Binding Financial Agreement after divorce?
A Binding Financial Agreement after divorce allows former spouses to regulate their financial arrangements following the dissolution of their marriage.
The agreement records how property, financial resources and liabilities will be dealt with between the parties.
Can former spouses enter into a Binding Financial Agreement after divorce?
Yes. The Family Law Act 1975 allows parties who have divorced to enter into a Binding Financial Agreement regulating their financial affairs after divorce.
Is a Binding Financial Agreement legally enforceable?
A Binding Financial Agreement will generally be enforceable provided the requirements of the Family Law Act 1975 are satisfied.
Each party must receive independent legal advice before signing the agreement.
What financial matters can be included in the agreement?
A Binding Financial Agreement may deal with assets, liabilities, real estate, superannuation interests and other financial resources of the parties.
Do both parties need independent legal advice?
Yes. Each party must receive independent legal advice before signing the agreement for it to be binding under the legislation.
Why do former spouses use Binding Financial Agreements after divorce?
Former spouses may use a Binding Financial Agreement to document a property settlement and provide certainty about their financial arrangements without commencing court proceedings.
Can a Binding Financial Agreement be set aside by the court?
In limited circumstances a court may set aside a Binding Financial Agreement where there has been fraud, non-disclosure of assets or failure to comply with legislative requirements.
Also Known As
Binding Financial Agreements may also be referred to as:
• Financial Agreement under the Family Law Act
• Property Agreement between former spouses
• BFA (Binding Financial Agreement)
In Australia the correct legal term is a Binding Financial Agreement under the Family Law Act 1975.
Binding Financial Agreement After Divorce – Instant Download
• Lawyer-drafted Binding Financial Agreement precedent
• Suitable for parties who have divorced under section 90D of the Family Law Act 1975
• Includes independent legal advice provisions required for enforceability
• Fully editable Microsoft Word document
• Instant download available immediately after purchase
Used by lawyers, businesses and commercial operators across Australia.
Download This Precedent
Instant download. Fully editable Microsoft Word format. Includes practical drafting guidance.