Introduction
This Binding Financial Agreement precedent is designed for couples who intend to marry and wish to regulate their financial arrangements in advance.
The agreement allows the parties to determine how property, financial resources and liabilities will be dealt with if the marriage breaks down.
Drafted for use under section 90B of the Family Law Act 1975, the precedent includes the independent legal advice provisions required for a binding financial agreement.
Binding Financial Agreements made before marriage are commonly 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 by parties in a de facto relationship.
Professionally Drafted Legal Precedent
Prepared by experienced Australian commercial lawyers, this precedent provides a comprehensive and reliable framework for real-world use.
The document is fully editable in Microsoft Word and includes an Editing Legal Documents Guide to assist with completing and tailoring the agreement.
Designed for immediate use, it can be adapted to suit a wide range of legal and commercial scenarios.
At A Glance
What This Document Covers
• Binding Financial Agreement before marriage
• Regulation of property and financial arrangements between spouses
• Identification of separate and joint property
• Financial arrangements if the marriage 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
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.
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
• Binding Financial Agreement (De Facto Relationship)
• Separation Agreement
• Property Settlement Agreement
Frequently Asked Questions
What is a Binding Financial Agreement before marriage?
A Binding Financial Agreement made before marriage allows couples to regulate their financial arrangements prior to getting married.
The agreement sets out how property, financial resources and liabilities will be dealt with if the marriage later breaks down.
Is a Binding Financial Agreement the same as a prenup?
In Australia Binding Financial Agreements made before marriage are commonly referred to as prenuptial agreements or “prenups”.
The correct legal term under the Family Law Act 1975 is a Binding Financial Agreement.
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 and a certificate confirming that advice must be attached to the agreement.
What assets can be included in a prenup or Binding Financial Agreement?
A Binding Financial Agreement may deal with most financial matters including real estate, savings, investments, businesses, superannuation interests and other financial resources.
Do both parties need independent legal advice?
Yes. Each party must receive independent legal advice before signing the agreement in order for the agreement to be binding under the Family Law Act 1975.
Why do couples enter into prenuptial agreements?
Couples often enter into prenuptial agreements to protect assets brought into the marriage and to provide certainty about financial arrangements if the relationship ends.
Can a Binding Financial Agreement be set aside by the court?
In limited circumstances a court may set aside a Binding Financial Agreement, including where there has been fraud, non-disclosure of significant assets or the agreement does not comply with the statutory requirements.
Also Known As
Also Known As
Binding Financial Agreements made before marriage are often referred to by a number of different names including:
• Prenuptial Agreement (Prenup)
• Financial Agreement under the Family Law Act
• Property Agreement between 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 Before Marriage – Instant Download
• Lawyer-drafted Binding Financial Agreement precedent
• Suitable for couples entering marriage under section 90B 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.