Skip to content
  • Home
  • About Us
    • About Us
    • Meet the Team
  • Practice Areas
    • Commercial & Business
      • Commercial & Business Law
      • Business Partnership Disputes
      • Building & Construction Law
    • Family Law
      • Family Law
      • Family Law Involving Business
    • Wills + Estates
      • Wills + Estates Overview
      • Wills + Planning
      • Managing an Estate
      • Will + Estate Disputes
    • Conveyancing
      • Conveyancing + Property Law
      • Conveyancing Quote
      • Real Estate Agents
    • Criminal + Litigation
      • Litigation
      • Criminal + Traffic Law
  • Resources
    • Advice + Articles
    • Free Legal Health Check
    • Toolkits & Guides
    • Legal Fees & Costs
    • Help Choosing a Law Firm
    • 10 Awkward Questions
  • Contact Us
  • Home
  • About Us
    • About Us
    • Meet the Team
  • Practice Areas
    • Commercial & Business
      • Commercial & Business Law
      • Business Partnership Disputes
      • Building & Construction Law
    • Family Law
      • Family Law
      • Family Law Involving Business
    • Wills + Estates
      • Wills + Estates Overview
      • Wills + Planning
      • Managing an Estate
      • Will + Estate Disputes
    • Conveyancing
      • Conveyancing + Property Law
      • Conveyancing Quote
      • Real Estate Agents
    • Criminal + Litigation
      • Litigation
      • Criminal + Traffic Law
  • Resources
    • Advice + Articles
    • Free Legal Health Check
    • Toolkits & Guides
    • Legal Fees & Costs
    • Help Choosing a Law Firm
    • 10 Awkward Questions
  • Contact Us

Our Binding Financial Agreement guide is designed for Australian couples who want to protect their assets—including real estate, superannuation, and business interests—without the stress of the Family Court. This pack outlines our proven 3-step process for obtaining independent legal advice and highlights the significant BFA risk associated with using a DIY BFA or an online template. Ensure your agreement is 'watertight' and legally binding under the Family Law Act by following our comprehensive readiness checklist.

Free Guide: The 2026 Binding Financial Agreement (BFA) Readiness Pack
(Available Australia-Wide (Excl. WA))

Why You Need This Guide

A Binding Financial Agreement (BFA) is the only way in Australia to “contract out” of the Family Law Act. Without one, a Judge may decide how your house, business, and retirement savings are split if your relationship ends.

Warning:

Many “cheap” online templates or AI-generated agreements are rarely binding. Under Section 90G, a BFA can be ruled invalid if the drafting is vague or if independent legal advice was not robust.

Crucially, while we draft your agreement to be watertight, your partner will also require independent legal advice from a separate firm to make the document legally binding.

What’s Inside the Readiness Pack:

  • The BFA Readiness Checklist: A complete list of the financial documents you need to gather, from real estate appraisals to superannuation statements.
  • The “Golden Rule” of Disclosure: Why hiding an asset can overturn your entire agreement.
  • Our 3-Step “Watertight” Process: How we move from a Strategy Call to the mandatory Certificate of Independent Legal Advice.
  • Future-Proofing Your Assets: How to account for children or future inheritances to prevent the BFA being set aside for “hardship” later.

Get Your Free Guide Instantly

Our digital-first BFA process supports clients in QLD, NSW, VIC, TAS, SA, ACT, and NT. No office visit required

Please enable JavaScript in your browser to complete this form.
Loading

Our Binding Financial Agreement guide is designed for Australian couples who want to protect their assets—including real estate, superannuation, and business interests—without the stress of the Family Court. This pack outlines our proven 3-step process for obtaining independent legal advice and highlights the significant BFA risk associated with using a DIY BFA or an online template. Ensure your agreement is 'watertight' and legally binding under the Family Law Act by following our comprehensive readiness checklist.

By entering your email address, you agree to receive marketing communications (such as newsletters and promotions) from Bennett Carroll Solicitors. 

Note for Western Australian Residents: BFAs in WA are governed by the Family Court Act 1997 (WA) rather than the Family Law Act 1975 (Cth). As a result, our current BFA services and this guide are not applicable to residents of Western Australia.

Take the First Step Today

Don’t leave your assets to chance. Contact our experienced family law team to discuss how a BFA can work for you.

National Remote Service: While we are a QLD-based law firm, we act for clients across all of Australia (excluding WA). Our 100% digital model means you can secure your assets from the comfort of your home, you will never need to step foot in a physical office.

Phone us on 1300 334 566 or leave your details below and we will get back to you.

Please enable JavaScript in your browser to complete this form.
Name *
Loading

Note: While our physical offices are in QLD, our BFA and Family Law services are available remotely to clients throughout Australia (excluding WA).

Explore Our BFA Resource Library

While the BFA Readiness Pack gives you the tools to start, our articles help you understand the “why” behind Australian asset protection:

: Expert legal advice for business owners and company directors across Australia, including Brisbane, Gold Coast, Sunshine Coast, and Sydney, on safeguarding company assets, private shares, and intellectual property. Specialised assistance in drafting Binding Financial Agreements (BFAs) to protect commercial interests against de facto relationship claims, marriage breakdowns, and family law property settlements. We provide comprehensive strategies for ring-fencing family trusts, discretionary structures, and startup equity, ensuring your business succession plan remains intact without the need for an office visit.

Protecting Your Business in a New Relationship: A National Guide for Entrepreneurs

20 February 2026
While online BFA templates and AI drafting tools seem cost-effective, they lack the mandatory legal rigour required by Section 90G of the Family Law Act. Our Australian family lawyers explain the risks of DIY prenups and why professional legal oversight is the only way to ensure your asset protection is 100% legally binding and enforceable in court.

The “Cheap Template” Trap: Why DIY and AI Binding Financial Agreements Are Never Binding

29 January 2026
An authoritative guide debunking misconceptions regarding Binding Financial Agreements (BFAs) under the Family Law Act 1975 (Cth). This article specifically addresses the legal landscape in Queensland, focusing on the enforceability of agreements in the Federal Circuit and Family Court of Australia. Key topics include the necessity of independent legal certificates, the dangers of fraud or duress (Section 90K/90UM), the inclusion of superannuation and inheritances, and why DIY BFA templates often fail the 'binding' test. Recommended for individuals seeking asset protection in marriage or de facto relationships in Brisbane, Gold Coast, and regional QLD.

5 Myths About Binding Financial Agreements in Australia | Why They May Not Protect You

20 February 2026
Free Guide: The 2026 Binding Financial Agreement (BFA) Readiness Pack

Navigating Emotional Conversations About Binding Financial Agreements: Tips for a Constructive Discussion

29 January 2026
Free Guide: The 2026 Binding Financial Agreement (BFA) Readiness Pack

Avoiding Common Pitfalls in Binding Financial Agreements

20 February 2026
Are you entering a de facto relationship or getting married in QLD and worried about asset protection? Don't leave your property, superannuation, or business to chance. A Binding Financial Agreement (BFA) is the only way to bypass Family Court property settlements. Our Head of Family Law, Samantha, specializes in watertight legal agreements that provide financial certainty and peace of mind. Discover the benefits of a BFA, avoid common legal pitfalls, and get a certified legal advice certificate from our Queensland family lawyers in Brisbane and the Gold Coast.

Binding Financial Agreements Australia | Protect Your Assets

20 February 2026
Note: While our physical offices are in QLD, our BFA and Family Law services are available remotely to clients throughout Australia (excluding WA).
Serving Clients Across Queensland
Bennett Carroll Solicitors is a proud member of the Queensland Law Society (QLS)

Practice areas

  • Commercial + Business
  • Litigation
  • Family Law
  • Wills + Estates
  • Conveyancing
  • Building + Construction Law
  • Criminal + Traffic

learn more

  • About Us
  • Meet the Team
  • Advice + Articles
  • Contact Us
  • LinkedIn
  • Instagram
  • Facebook

Our Office Locations in SEQ - click to view

  • Brisbane North - Stafford
  • Brisbane South - Upper Mount Gravatt
  • Sunshine Coast - Kawana Waters
  • Gold Coast - Mermaid Beach
  • Ipswich- By Appointment Only
  • Brisbane Central- By Appointment Only

Get In Touch

  • 1300 334 566
  • Click to Email
  • 8.30am - 5pm Monday - Friday
  • Chat With Us (Bottom of this page)
  • Bennett Carroll Solicitors
  • 1300 334 566
Copyright 2025 © Bennett Carroll. All rights reserved.