Whether you are entering a new relationship, moving in together, or planning a marriage, protecting your hard-earned assets is a practical step for any modern Australian. A Binding Financial Agreement (BFA) often colloquially known as a “prenup” is the only legal way to “contract out” of the Family Law Act.
Without a valid BFA, if your relationship ends, a Judge may decide how your home, business, and superannuation are divided.
💡 Important Update for 2026: BFAs are not just for the start of a relationship. While often called “pre-nups,” a Binding Financial Agreement is one of the most effective tools for couples who have already separated. It allows you to formalise a property settlement and achieve a “clean break” privately, saving you from the high costs and emotional toll of a court-contested divorce. |
National Service, Personal Touch
While our physical offices are located across Brisbane, the Gold Coast, and the Sunshine Coast, we provide a 100% digital, national remote service. We act for clients across all of Australia (excluding WA), meaning you can secure your financial future from your own home without ever needing to step foot in a law office.
Explore Our BFA Resource Library
Find the guide that fits your specific situation.
1. Are You Prepared? (The Essentials)
Before you sign anything, you need to understand the process. A BFA is not just a document; it is a legal safeguard that requires full disclosure and specific steps to be “watertight.”
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The Readiness Checklist: Get Your Free 2026 BFA Readiness Pack
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The Law: When does a de-facto relationship actually begin and end?
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The Inventory: How do we decide what we own and what it’s worth? (The Asset Valuation Guide)]
2. Protecting Your Business & Wealth
For entrepreneurs and business owners, a relationship breakdown can threaten the viability of a company. Learn how to ringfence your commercial interests.
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Entrepreneurs Guide: Protecting Your Business in a New Relationship
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Asset Security: BFAs for Future Security and Asset Protection
3. Avoiding the “Cheap Template” Trap
The biggest risk in Australian family law is an agreement that isn’t actually binding. Under Section 90G, “DIY” or AI-generated agreements are frequently set aside by courts.
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The DIY Risk: Why AI and Cheap Online BFA Templates Rarely Work
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Debunking Rumours: 5 Myths About BFAs in Australia
4. The Human Element
Discussing a BFA can be awkward or emotional. We focus on constructive outcomes that strengthen relationships by providing clarity.
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Starting the Talk: How to Navigate Emotional BFA Conversations
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Avoiding Friction: Common Pitfalls in BFAs and How to Avoid Them
Common Questions: Binding Financial Agreements in Australia
Can I get a BFA without going to a law office?
Yes. Our firm operates a 100% digital model. We conduct strategy sessions via phone or video and manage all documentation electronically. While we have physical offices in Brisbane, the Gold Coast, and the Sunshine Coast, you can secure a BFA from anywhere in Australia (excluding WA) without ever stepping foot in an office.
Is a DIY or AI-generated BFA legally binding?
In almost all cases, no. Under Section 90G of the Family Law Act, a BFA is only binding if both parties have received independent legal advice and signed a certificate to prove it. “Cheap” templates often lack the rigorous drafting required to survive a court challenge, making them a significant risk to your assets.
Does a BFA only protect my house?
A well-drafted BFA covers your entire financial portfolio, including business interests, superannuation, future inheritances, personal property and even pets! It allows you to agree on how these assets are treated now, rather than leaving it to a Judge’s discretion later.
How do I bring up a BFA with my partner?
Many clients worry this conversation suggests a lack of trust. In reality, a BFA provides certainty and transparency. By discussing financial expectations early, you can prevent future conflict and ensure both parties feel secure in the relationship’s foundation.
Why can’t your firm represent both me and my partner?
To make the agreement legally “binding,” Australian law requires that each person receives independent legal advice from a separate law firm. This prevents “conflict of interest” and ensures the agreement cannot be set aside later by a court claiming one person was pressured or didn’t understand the document.
How the Process Works
We’ve removed the “stuffy law firm” barriers. Our digital-first model ensures your BFA is handled efficiently, regardless of where you live in Australia.
1. Strategy Session:
We discuss your assets and goals via phone or video.
2. Watertight Drafting:
Our lawyers draft an agreement tailored to your specific financial structure.
3. Independent Advice:
We guide you through the mandatory legal advice process required to make the document legally binding.
Take the Next Step
Securing your assets shouldn’t be a burden you carry alone. Our family law team provides a seamless, 100% digital service for couples across all of Australia (excluding WA).
Whether you are in a capital city or a regional area, you can access expert legal advice and secure a “watertight” agreement from the comfort of your own home. While we maintain physical offices across South East Queensland for local consultations, our national remote model ensures that distance is never a barrier to protecting your future.
Start your strategy session from anywhere in Australia today.
Contact us today for a confidential chat. Phone us on 1300 334 566 or leave your details below and we will get back to you.
