Introduction
This Binding Financial Agreement precedent is designed for couples who are already in a de facto relationship and wish to regulate their financial arrangements.
The agreement allows the parties to determine how property, financial resources and liabilities will be dealt with if the relationship breaks down.
Drafted for use under section 90UC 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 by parties in a de facto relationship.
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 in 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
Typical Use
• Couples living together in a de facto relationship
• Protecting assets brought into the relationship
• Providing certainty about financial arrangements
• Reducing the risk of property disputes if the relationship ends
Typical Use
• Couples living together in a de facto relationship
• Protecting assets brought into the relationship
• Providing certainty about financial arrangements
• Reducing the risk of property disputes if the relationship ends
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 (Before De Facto Relationship)
• Separation Agreement
• Property Settlement Agreement
Frequently Asked Questions
What is a Binding Financial Agreement for a de facto relationship?
Are Binding Financial Agreements available for de facto couples?
Yes. The Family Law Act 1975 allows de facto couples to enter into Binding Financial Agreements regulating their financial affairs during their relationship.
What financial matters can be included in a Binding Financial Agreement?
A Binding Financial Agreement may deal with assets, liabilities, superannuation interests, real property 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 in order for the agreement to be binding.
Why do de facto couples enter into Binding Financial Agreements?
De facto couples often enter into financial agreements to protect assets brought into the relationship 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 assets or where the agreement does not comply with the legislative requirements.
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.
Binding Financial Agreement (De Facto Relationship) – Instant Download
• Lawyer-drafted Binding Financial Agreement precedent
• Suitable for de facto couples under section 90UC 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.