Introduction
This Binding Financial Agreement precedent is designed for couples who intend to enter into a de facto relationship and wish to regulate their financial arrangements in advance.
The agreement allows the parties to determine how property, assets and financial resources will be dealt with if their relationship breaks down, helping to avoid disputes and potential Family Court proceedings.
The precedent is drafted for use under section 90UB of the Family Law Act 1975 and 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 before or during a de facto relationship.
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Prepared by Australian legal professionals, this precedent provides a practical framework for use with the Contract for Sale and Purchase of Land 2026.
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At A Glance
What This Document Covers
• Binding Financial Agreement before entering a de facto relationship
• Regulation of property and financial arrangements between partners
• Identification of separate and joint property
• Financial arrangements if the relationship breaks down
What This Document Covers
• Binding Financial Agreement before entering a de facto relationship
• Regulation of property and financial arrangements between partners
• Identification of separate and joint property
• Financial arrangements if the relationship breaks down
Key Clauses Included
• Property and financial resource definitions
• Asset protection provisions
• Independent legal advice statements required under the legislation
• General provisions governing 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.
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Related Precedents
• Binding Financial Agreement (De Facto Relationship)
• Separation Agreement
• Property Settlement Agreement
Frequently Asked Questions
What is a Binding Financial Agreement before a de facto relationship?
A Binding Financial Agreement made before a de facto relationship allows couples to regulate their financial arrangements before they begin living together as partners.
The agreement sets out how property and financial resources will be dealt with if the relationship ends.
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, including that each party receives independent legal advice before signing the agreement.
Why would couples entering a de facto relationship use a financial agreement?
Couples may use a financial agreement to protect assets brought into the relationship, provide certainty about financial arrangements and minimise the risk of disputes if the relationship ends.
Why would couples entering a de facto relationship use a financial agreement?
Couples may use a financial agreement to protect assets brought into the relationship, provide certainty about financial arrangements and minimise the risk of disputes if the relationship ends.
What assets can be included in a Binding Financial Agreement?
A Binding Financial Agreement may deal with a wide range of financial matters including real estate, savings, investments, businesses, superannuation interests and other financial resources.
Can a Binding Financial Agreement be set aside by a court?
In limited circumstances a court may set aside a Binding Financial Agreement, for example where there has been fraud, non-disclosure of assets or the agreement does not comply with the legislative requirements.
Are Binding Financial Agreements the same as prenups?
In Australia Binding Financial Agreements are sometimes referred to as “prenups”, although they may also be entered into before or during a de facto relationship or after separation.
Also Known As
Binding Financial Agreements are sometimes referred to by a number of different names including:
• Prenuptial Agreement (Prenup)
• Financial Agreement under the Family Law Act
• Property Agreement between partners
• BFA (Binding Financial Agreement)
In Australia the correct legal term is a Binding Financial Agreement under the Family Law Act 1975.
This document may also be referred to as an agreement for lease, pre-lease agreement or lease commitment agreement used in commercial property transactions.
These clauses may also be referred to as contract special conditions, sale of land special conditions or additional contract clauses used in property transactions.
Binding Financial Agreement Before De Facto Relationship – Instant Download
• Lawyer-drafted Binding Financial Agreement precedent
• Suitable for couples entering a de facto relationship under section 90UB 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.
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Instant download. Fully editable Microsoft Word format. Includes practical drafting guidance.