Introduction
Binding Financial Agreements made before marriage are commonly referred to as prenuptial agreements or “prenups” in Australia.
This Binding Financial Agreement precedent is designed for married couples who have separated but are not yet divorced and wish to finalise their financial arrangements privately.
The agreement records the division of assets, liabilities and financial resources following separation and is intended to avoid property settlement litigation in the Family Court.
The precedent includes provisions dealing with property transfers, sale of real estate, superannuation arrangements and the independent legal advice certificates required for a binding financial agreement under the Family Law Act 1975.
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 parties who have separated
• Division of assets and liabilities following separation
• Transfer and sale of real property
• Superannuation and financial resource arrangements
Key Clauses Included
• Asset and liability schedules
• Property transfer and sale provisions
• Superannuation split provisions
• Independent legal advice statements under section 90G
Typical Use
• Property settlement between separated spouses
• Finalising financial arrangements without court proceedings
• Documenting agreed division of assets and liabilities
• Resolving property matters before divorce
Download Details
• Lawyer-drafted Binding Financial Agreement precedent
• Fully editable Microsoft Word document
• Designed 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.
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Download immediately after purchase and edit the document in Microsoft Word to suit your requirements.
Related Precedents
• Property Settlement Agreement
• Financial Disclosure Statement
Frequently Asked Questions
What is a Binding Financial Agreement after separation?
A Binding Financial Agreement after separation is a private agreement made under the Family Law Act 1975 that allows separated spouses to finalise their financial arrangements without going to court.
The agreement records how assets, liabilities, superannuation interests and financial resources will be divided following the breakdown of the marriage.
Can separated couples enter into a Binding Financial Agreement?
Yes. Married couples who have separated but are not yet divorced may enter into a Binding Financial Agreement to resolve property settlement and financial matters following separation.
The agreement allows the parties to formalise their financial arrangements without commencing Family Court proceedings.
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 issues can be covered in a Binding Financial Agreement after separation?
A Binding Financial Agreement can deal with the division of property, allocation of liabilities, superannuation splitting arrangements and, in some cases, spousal maintenance.
The agreement may also include provisions for the transfer or sale of real property and the distribution of the proceeds.
Do both parties need independent legal advice?
Yes. For the agreement to be binding under the Family Law Act 1975 each party must obtain independent legal advice before signing the agreement.
The lawyer must advise the party about 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, including where there has been fraud, non-disclosure of significant assets, unconscionable conduct or where the agreement does not comply with the statutory requirements.
Why do separated couples use a Binding Financial Agreement instead of going to court?
A Binding Financial Agreement allows separated couples to resolve their financial matters privately and often more quickly than commencing property settlement proceedings in the Family Court.
It can provide certainty about the division of assets and liabilities while avoiding the time and expense associated with litigation.
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.
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 spouses
• BFA (Binding Financial Agreement)
In Australia, the term “prenup” is commonly used in everyday language, however the correct legal term under the Family Law Act 1975 is a Binding Financial Agreement. These agreements may be entered into before marriage, during a marriage, after separation, or by parties in a de facto relationship.
Used by lawyers, businesses and commercial operators across Australia.
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Instant download. Fully editable Microsoft Word format. Includes practical drafting guidance.