Introduction
This Binding Financial Agreement precedent is designed for parties whose de facto relationship has ended and who wish to regulate their financial arrangements.
The agreement allows former partners to determine how property, financial resources and liabilities will be divided following the breakdown of the relationship without commencing proceedings in the Family Court.
Drafted for use under section 90UD 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, after divorce 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 following the end of a de facto relationship
• Division of assets and liabilities between former partners
• Regulation of financial arrangements after separation
• Property settlement without court proceedings
What This Document Covers
• Binding Financial Agreement following the end of a de facto relationship
• Division of assets and liabilities between former partners
• Regulation of financial arrangements after separation
• Property settlement without court proceedings
Typical Use
• Former de facto partners resolving financial matters after separation
• 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.
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Related Precedents
Frequently Asked Questions
What is a Binding Financial Agreement after a de facto relationship ends?
A Binding Financial Agreement after the end of a de facto relationship allows former partners to regulate their financial arrangements following separation.
The agreement records how assets, liabilities and financial resources will be divided between the parties.
Can de facto partners enter into a Binding Financial Agreement after separation?
Yes. The Family Law Act 1975 allows parties whose de facto relationship has ended to enter into a Binding Financial Agreement regulating their financial affairs.
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 obtain independent legal advice before signing the agreement in order for it to be binding.
Why do former de facto partners use Binding Financial Agreements?
Former partners may use a Binding Financial Agreement to document their 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 partners
• BFA (Binding Financial Agreement)
In Australia the correct legal term is a Binding Financial Agreement under the Family Law Act 1975.
Also Known As
Binding Financial Agreements may also be referred to as:
• 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.
Used by lawyers, businesses and commercial operators across Australia.
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Instant download. Fully editable Microsoft Word format. Includes practical drafting guidance.