Planning for the future isn’t just about love—it’s also about being smart. If you want to protect your assets before or during a relationship, you can.

In Australia, couples can make a Binding Financial Agreement (BFA). It’s sometimes called a prenup, but it can also be made during a relationship or after separation.

This page explains how BFAs work, when to use one, and what they can cover—so you can move forward with confidence, not conflict.

What Is a Binding Financial Agreement?

A Binding Financial Agreement (BFA) is a legal document that sets out how property, superannuation, and finances will be divided if a relationship ends.

You can make one:

• Before you move in together or marry

• While you’re in the relationship

• After you separate

It applies to both married and de facto couples—including same-sex relationships.

Why Would You Want One?

You might want to protect:

• Property you owned before the relationship

• Inheritance, business shares, or family wealth

• Superannuation

• A future income stream

Or you might just want a clear plan in place, so there are no misunderstandings later.

Example:
Liam owns a townhouse before meeting Sarah. They move in together and later agree on a BFA: if they split, Liam keeps the townhouse, and Sarah keeps her savings and car.

What Can a BFA Cover?

• Who gets what property if you separate

• How to split debts

• Superannuation division

• Spousal maintenance arrangements

• Any other agreed financial matters

A BFA can be as detailed or simple as you want—as long as it’s fair and legal.

Do You Need a Lawyer?

Yes. For a BFA to be legally binding:

• Both people must get independent legal advice

• Each must sign a statement confirming they got that advice

• There must be full financial disclosure

If it’s not done properly, it could be set aside later.

Can You Make a BFA After You’re Already Together?

Yes. Many couples make a BFA during their relationship—especially if:

• One person receives an inheritance

• You buy a property together with different contributions

• A family member helps you financially

Example:
Priya and Sam bought a house together using money from Priya’s parents. They made a BFA that said if they ever split, Priya would keep a bigger share of the house.

What If You’re Already Separated?

You can still make a BFA after separation—especially if you want to avoid going to court.

You’ll agree on how to divide property and finances, and lock it in legally.

Final Thought

A Binding Financial Agreement isn’t about expecting things to go wrong. It’s about being clear, fair, and respectful from the start.

At Aussie Divorce, we help you understand how to protect your property and your future—without the legal jargon or court drama.