Binding Financial Agreements (BFA) – Secure Your Financial Future
- Legally Binding Prenups & Financial Agreements
- Protect Your Assets Before, During & After a Relationship
- Independent Legal Advice for Both Parties
- Tailored Agreements to Suit Your Needs
- Fixed-Fee Consultation
What We Cover in Binding Financial Agreements
- Prenuptial Agreements (Before Marriage or De Facto Relationship)
- Financial Agreements During a Relationship
- Post-Separation or Divorce Asset Division
- Spousal Maintenance & Property Protection
- Legal Advice on Enforceability & Setting Aside BFAs
What is a Binding Financial Agreement?
A Binding Financial Agreement (BFA)—commonly known as a prenup—is a legally binding contract that determines how assets, property, and financial matters will be handled if a relationship breaks down.
Under the Family Law Act 1975, BFAs allow couples to settle financial disputes without court involvement, providing clarity and certainty.
💡 BFAs can be made at any stage:
- Before marriage or a de facto relationship (Prenuptial Agreement – Section 90B or 90UB)
- During the relationship (Section 90C or 90UC)
- After separation or divorce (Section 90D or 90UD)
🔹 Independent legal advice is mandatory for both parties to ensure fairness and enforceability.
Is a BFA Legally Binding?
To be enforceable, a BFA must meet strict legal requirements:
- Written & Signed – Both parties must sign the agreement.
- Independent Legal Advice – Each party must receive legal advice from separate lawyers.
- Certificates of Advice – Lawyers must sign certificates confirming the advice given.
- No Fraud or Misrepresentation – Full disclosure of assets is required.
If these steps are not met, the agreement may not hold up in court.
Can a BFA Be Challenged or Set Aside?
A BFA can be challenged or set aside if:
- One party failed to disclose assets or financial details.
For example, if one party fails to disclose significant assets.
- The agreement was signed under pressure or duress.
If one party took advantage of the other in an unfair or exploitative way.
- There was unconscionable conduct or unfair advantage.
If the agreement does not comply with the strict requirements of the Family Law Act.
- A significant change in circumstances (e.g., caring for a child) makes it unjust.
If you are concerned about your existing BFA, we can review it and provide legal advice.
How to Terminate a BFA?
A Binding Financial Agreement can be terminated by:
- Signing a new financial agreement that cancels the original.
- Creating a termination agreement with independent legal advice.
Our legal team ensures that the termination process is valid and enforceable.
Binding Financial Agreement Process – What to Expect
- Discuss with Your Partner – Both parties must agree to enter a financial agreement.
- Seek Independent Legal Advice – Each party consults a separate lawyer to understand their rights.
- Draft the Agreement – The agreement is prepared, covering asset division, liabilities, and financial matters.
- Review & Sign – The agreement is reviewed, signed, and certificates of legal advice are attached.
- Keep Copies – Both parties receive a copy for future reference.
Why Choose Caspian Legal?
- One party failed to disclose assets or financial details.
- Fair & Legally Enforceable Agreements
- Independent Legal Certification
- Fixed-Fee Consultation with No Hidden Costs
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Contact Us Today
Thinking about a Binding Financial Agreement? Book a $99 half-hour consultation with Caspian Legal today. Our team will ensure your financial future is secure and protected.
