Introduction
This Binding Financial Agreement precedent is drafted for use by Australian legal practitioners under section 90C of the Family Law Act 1975 for parties who are already married.
The agreement allows married couples to regulate the division of their property and financial resources in the event of separation, helping avoid costly family law litigation.
The precedent includes schedules for separate and joint property together with the required independent legal advice certificates to support enforceability under the legislation.
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 married couples under section 90C of the Family Law Act 1975
• Division of property and financial resources if the marriage breaks down
• Identification of separate property and jointly owned assets
• Procedures for dealing with real property and other joint assets
Key Clauses Included
• Definition of separate and joint property
• Property division provisions following separation
• Independent legal advice certification required under section 90G
• Annexures for disclosure of assets and liabilities
Key Clauses Included
• Definition of separate and joint property
• Property division provisions following separation
• Independent legal advice certification required under section 90G
• Annexures for disclosure of assets and liabilities
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
• Financial Disclosure Statement
Frequently Asked Questions
What is a Binding Financial Agreement for married couples?
Married couples may enter into a Binding Financial Agreement at any time during their marriage under section 90C of the Family Law Act 1975.
The agreement typically regulates how property, assets and financial resources will be divided if the relationship breaks down in the future.
What assets can be included in a Binding Financial Agreement?
A Binding Financial Agreement can deal with most financial matters between the parties including real estate, savings, investments, businesses, superannuation interests and other financial resources.
The agreement commonly distinguishes between separate property owned by each party and jointly owned property.
Do both parties need independent legal advice?
Yes. For a Binding Financial Agreement to be binding under the Family Law Act 1975 each party must receive independent legal advice from a legal practitioner before signing the agreement.
The lawyer must advise on the effect of the agreement and the advantages and disadvantages of entering into it.
Can a Binding Financial Agreement be set aside by the court?
In limited circumstances a court may set aside a Binding Financial Agreement. This may occur where there has been fraud, non-disclosure of significant assets, unconscionable conduct or where the agreement is otherwise defective under the legislation.
Why do couples enter into Binding Financial Agreements?
Couples often enter into Binding Financial Agreements to protect assets brought into the marriage, to provide certainty about financial arrangements and to minimise the risk of disputes or litigation if the relationship ends.
Also Known As
This document may also be referred to as a commercial lease template, lease agreement precedent, business lease agreement or commercial tenancy agreement.
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 – Instant Download
• Lawyer-drafted Binding Financial Agreement precedent
• Suitable for married couples under section 90C Family Law Act 1975
• Includes property schedules and independent legal advice certificates
• Fully editable Microsoft Word document
• Instant download available immediately after purchase
Used by lawyers, businesses and commercial operators across Australia.
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. These agreements allow couples to regulate how property, financial resources and in some cases spousal maintenance will be dealt with if the relationship ends.
Download This Precedent
Instant download. Fully editable Microsoft Word format. Includes practical drafting guidance.