Free BFA Readiness Guide 2026: Binding Financial Agreement Readiness Pack
Available Australia-wide (excluding WA)
Our free BFA Readiness Guide helps you get organised before you speak with a lawyer. A Binding Financial Agreement (BFA) is a written agreement setting out how your property, savings and superannuation will be divided if your relationship ends. You can make one before, during or after a marriage or de facto relationship. To be binding, it must meet strict requirements under the Family Law Act 1975 (Cth), including independent legal advice for each person before signing.
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Our digital-first BFA process supports clients in QLD, NSW, VIC, TAS, SA, ACT and NT. No office visit required.
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What's Inside the BFA Readiness Pack
- BFA Readiness Checklist: every financial document you'll need, from property valuations to super statements.
- The disclosure rule: why full financial disclosure matters, and what can happen if assets are left out.
- Our 3-step process: from strategy call to the independent legal advice certificate.
- Planning ahead: how to account for children, inheritances and future changes.
Why a BFA Needs to Be Done Properly
Without a BFA or court orders, a court may decide how your home, business and savings are divided if your relationship ends. A BFA lets you agree on this yourselves.
However, a BFA can be set aside if it doesn't meet the legal requirements, for example if either person didn't get independent legal advice before signing, there was fraud or non-disclosure, or circumstances involving children change significantly. Online templates and AI-drafted agreements often miss these requirements. That's why we draft each agreement for your circumstances, and why your partner must also get advice from a separate law firm.
BFAs aren't just pre-nups. You can make one at the start of a relationship, during it, or after separating. After separation, a BFA can finalise your property settlement privately, without going to court.
Frequently Asked Questions
Who needs a binding financial agreement?
Couples who want certainty about how assets will be divided, especially where one person has significantly more assets, a business, an expected inheritance or children from a previous relationship.
When can we sign a BFA?
Before or during a marriage or de facto relationship, or after separating.
Do we both need a lawyer?
Yes. Each person must get independent legal advice from a separate lawyer before signing, or the agreement won't be binding.
Can a BFA be overturned?
Yes, in limited circumstances, such as fraud, non-disclosure, uncertainty, or a significant change involving the care of children.
Can you help if I don't live in Queensland?
Yes. We act for clients in every state and territory except WA, entirely online.
Take the First Step Today
Don't leave your assets to chance. Bennett Carroll Solicitors has been helping clients since 1974, and our family law team works with clients across Australia (excluding WA) entirely online.
Phone us on 1300 334 566 or complete the form above and we'll be in touch.
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), so our BFA services and this guide do not apply to WA residents.
Want to learn more first? Visit our Binding Financial Agreements hub.