Binding Financial Agreement Lawyers Melbourne
Advice on binding financial agreements for relationships, separation and divorce in Melbourne and across Victoria.
Binding financial agreement lawyers Melbourne: clear advice for your next step
Clear advice on BFAs before, during and after a relationship in Melbourne and across Victoria.
Family lawyers Melbourne often help people who need certainty about finances, property, business interests or future obligations. A binding financial agreement, often called a BFA, can be made before marriage, during a relationship, after separation or after divorce. This page focuses on broader financial agreements beyond prenuptial agreements, including agreements for de facto partners, postnuptial arrangements and separation financial agreements. A BFA can address:
The right advice early can reduce confusion, protect your position and help you choose a path that matches the urgency of your situation.
We will explain the legal process, the practical risks and the documents or evidence that may matter before you make decisions.
Awards
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Why BFA advice must be careful
Financial agreements are technical documents. Poor drafting, pressure, inadequate disclosure or failure to obtain proper legal advice can create serious problems later. A BFA should not be treated as a simple form. It needs to reflect the legal requirements and the practical financial reality of the relationship.
Family law decisions can affect children, housing, finances, business interests and future security. Getting advice does not commit you to a dispute. It helps you understand your position before informal arrangements become difficult to unwind.
Where possible, we look for a practical resolution first. Where court action is necessary, we help you prepare with clear documents, focused evidence and a strategy that keeps the main issues in view.
What a binding financial agreement can address
A binding financial agreement can set out how financial matters are handled across different stages of a relationship. We guide you through the legal process clearly and explain what the agreement does and does not do.
Depending on your circumstances, a BFA may deal with:
- How property, debts and financial resources will be dealt with if the relationship ends.
- Financial arrangements after separation or divorce.
- Protection of business interests, family wealth, inheritances or trust-related interests.
- Arrangements for de facto relationships.
- Spousal or de facto maintenance terms where appropriate.
- Independent legal advice requirements before signing.
Where possible, we look for a practical resolution first. A BFA can sit alongside a property settlement, and may be relevant to de facto relationships, spousal maintenance and high net worth divorce matters. Where court action is necessary, we help you prepare documents, focused evidence and a strategy that keeps the main issues in view.
Family law advice in Melbourne and across Victoria
Our Melbourne family law team assists clients across the Melbourne CBD and wider Victoria with BFAs connected to Australian family law matters.
Because each party needs independent legal advice, we can act for one party and coordinate the process with the other party’s separate lawyer where required.
Unified Lawyers Melbourne approaches financial agreements with a risk-aware, practical lens. We explain what the agreement does, what it does not do, and where drafting or disclosure needs attention before signing.
You can speak with us by phone, video or in person where available. We focus on clear advice, practical strategy and transparent next steps so you understand what is happening and why.
How we help with a binding financial agreement
We guide you through each stage so the agreement reflects the legal requirements and your financial reality. Our process usually follows these steps.
1
Clarify the purpose
2
Review disclosure and assets
3
Draft or review the agreement
4
Finalise execution carefully
Get advice on a binding financial agreement
Speak with a Melbourne BFA lawyer about drafting, reviewing or signing a financial agreement.
Your first conversation is confidential and focused on helping you understand your options. We will take the time to understand your situation, ask the right questions and explain what to expect next.
The legal framework
What makes a BFA legally binding
A binding financial agreement only holds if it is made and signed in the way the Family Law Act requires. Three things sit at the centre of that test: the right statutory pathway, genuinely independent legal advice for each person, and signed certificates confirming that advice was given.
The right statutory pathway
Married couples make agreements under sections 90B to 90KA of the Family Law Act. De facto couples use the parallel pathway under sections 90UB to 90UM. The agreement must name the correct provision for your circumstances, whether it is made before, during or after the relationship.
Independent legal advice
Each party must receive independent legal advice from their own lawyer before signing. The advice must cover how the agreement affects that person’s rights and whether it is to their advantage. One lawyer cannot advise both people.
Signed legal certificates
Each lawyer provides a signed certificate confirming the required advice was given. These certificates are attached to the agreement. Without them, a court can find the agreement was never validly made.
Timing matters
Prenup, post-nup or separation BFA
A binding financial agreement can be made at three different stages of a relationship. The legal effect is similar, but the timing changes which section of the Family Law Act applies and what each agreement is usually trying to achieve.
Prenuptial BFA
Often called a prenup. Signed before marriage or before moving in together.
When it is made
Before you marry or start living together as a couple.
Section pathway
Married couples: s90B. De facto couples: s90UB.
Who it suits
Couples who want to set expectations early, protect assets brought into the relationship, or plan around a business or inheritance.
What people often ask about
How future earnings, jointly built assets and contributions over time will be treated.
Post-nuptial BFA
Made while you are married or living together as a de facto couple.
When it is made
At any point during the marriage or de facto relationship.
Section pathway
Married couples: s90C. De facto couples: s90UC.
Who it suits
Couples whose circumstances have changed, for example after buying property, starting a business or receiving an inheritance.
What people often ask about
Whether updating an existing arrangement is better than replacing it entirely.
Separation BFA
Made after the relationship has broken down to finalise a financial split.
When it is made
After you separate, instead of applying to the Court for consent orders.
Section pathway
Married couples: s90D. De facto couples: s90UD.
Who it suits
Separated couples who agree on how to divide finances and want to avoid going to Court.
What people often ask about
How a BFA compares with consent orders, including cost and the advice each party needs.
When agreements can fail
When a BFA can be set aside
A binding financial agreement is designed to be final, but it is not beyond challenge. The Family Law Act sets out specific grounds on which a court can set an agreement aside. Careful drafting, full disclosure and independent advice are the best protection against each of them.
Fraud
A court can set aside an agreement obtained by fraud. This includes deliberately false statements, or hiding the existence of an asset, debt or financial resource that the other person relied on.
Non-disclosure
Each party must give full and frank financial disclosure before signing. If a significant asset, income source or liability was not disclosed, the agreement may be unwound.
Duress, coercion or undue influence
An agreement signed under pressure may not stand. This covers threats, coercion, or unfair pressure that left one person without a genuine choice, including signing too close to a wedding date.
Unconscionable conduct
If one party took advantage of a special disadvantage, such as a serious imbalance of knowledge, language or bargaining power, a court may find the agreement was made through unconscionable conduct.
A material change affecting children
If circumstances change in a way that means a child or a person caring for a child would suffer hardship, a court can set the agreement aside. The wellbeing of children carries significant weight.
What clients value about working with Unified Lawyers
Clients choose Unified Lawyers Melbourne for clear communication, practical guidance and support during difficult family law matters.
Andrew Benz
Jessica O’Brien handled my matter which involved drawing up a formal agreement for the division of property post-separation which was filed with the courts. This was done in a highly efficient, very professional and low stress way, minimising costs and time. Jessica is a very kind, warm and empathetic person who genuinely cares. She listens to you carefully and is keen to know what outcomes you wish to achieve and how you want to go about things, consulting with you throughout the whole process. Separation and divorce are invariably highly stressful life events and the way that Jessica handled everything really reduced this stress. Thank you once again, Jessica.
Shaymaa El Kafrawy
I cannot recommend Mark Youssef and the team at Unified Lawyers highly enough. Going through family law proceedings was one of the most difficult experiences of my life, but having Mark represent me made an enormous difference. Before working with him, I had already been represented by two other lawyers, and the level of support, organisation, strategy, and dedication I received from Mark was truly on another level. From day one, I felt supported and protected. Mark and his team were always responsive, professional, and prepared. No matter how stressful the situation became, I always knew my matter was being handled with care, attention, and genuine commitment. What impressed me most about Mark was not only his strong legal knowledge and courtroom presence, but also how deeply invested he was in achieving the best possible outcome. He is incredibly strategic, detail-oriented, and calm under pressure. Throughout the case, I felt like I had a whole team fighting for me every step of the way.
Felicia Richards
I can’t thank Santino enough for his support, professionalism, and guidance throughout our matter. His level of knowledge, compassion, and dedication has been unmatched. He has a rare ability to balance exceptional legal expertise with genuine care and understanding, making an incredibly difficult process feel far more manageable. I always felt supported, informed, and confident knowing Santino was in my corner. I wouldn’t hesitate to recommend him to anyone seeking a compassionate, dedicated, and highly skilled lawyer.
Jimmy Vu
I cannot thank Eliza Harley enough for helping me through my family law matter. She was very professional, compassionate and took the time to explain the processes clearly. Her expertise helped me navigate a challenging situation with confidence. I would highly recommend her for anyone seeking any legal assistance regarding family law.
Georgina
I highly recommend Unified Lawyers and especially Jessica Adamovich. She handled our family law matter with the utmost professionalism and was always willing to listen to our concerns and expectations. Thankfully due to her professionalism we were able to achieve the outcome we had hoped for
Ellen Cook
I am beyond thankful for Andrew Morrison and his team at Unified Lawyers. From the first phone call, Andrew listened to me and provided helpful information about my separation. The initial appointment helped me unpack my options and empowered me to know what to do next. Andrew was quick to reply to emails and was there to help. He successfully helped me seperate well from my ex without having to go to court and I can not thank him enough for this. I highly recommend Andrew Morrison!
Andrew Benz
Jessica O’Brien handled my matter which involved drawing up a formal agreement for the division of property post-separation which was filed with the courts. This was done in a highly efficient, very professional and low stress way, minimising costs and time. Jessica is a very kind, warm and empathetic person who genuinely cares. She listens to you carefully and is keen to know what outcomes you wish to achieve and how you want to go about things, consulting with you throughout the whole process. Separation and divorce are invariably highly stressful life events and the way that Jessica handled everything really reduced this stress. Thank you once again, Jessica.
Shaymaa El Kafrawy
I cannot recommend Mark Youssef and the team at Unified Lawyers highly enough. Going through family law proceedings was one of the most difficult experiences of my life, but having Mark represent me made an enormous difference. Before working with him, I had already been represented by two other lawyers, and the level of support, organisation, strategy, and dedication I received from Mark was truly on another level. From day one, I felt supported and protected. Mark and his team were always responsive, professional, and prepared. No matter how stressful the situation became, I always knew my matter was being handled with care, attention, and genuine commitment. What impressed me most about Mark was not only his strong legal knowledge and courtroom presence, but also how deeply invested he was in achieving the best possible outcome. He is incredibly strategic, detail-oriented, and calm under pressure. Throughout the case, I felt like I had a whole team fighting for me every step of the way.
Felicia Richards
I can’t thank Santino enough for his support, professionalism, and guidance throughout our matter. His level of knowledge, compassion, and dedication has been unmatched. He has a rare ability to balance exceptional legal expertise with genuine care and understanding, making an incredibly difficult process feel far more manageable. I always felt supported, informed, and confident knowing Santino was in my corner. I wouldn’t hesitate to recommend him to anyone seeking a compassionate, dedicated, and highly skilled lawyer.
Jimmy Vu
I cannot thank Eliza Harley enough for helping me through my family law matter. She was very professional, compassionate and took the time to explain the processes clearly. Her expertise helped me navigate a challenging situation with confidence. I would highly recommend her for anyone seeking any legal assistance regarding family law.
Georgina
I highly recommend Unified Lawyers and especially Jessica Adamovich. She handled our family law matter with the utmost professionalism and was always willing to listen to our concerns and expectations. Thankfully due to her professionalism we were able to achieve the outcome we had hoped for
Ellen Cook
I am beyond thankful for Andrew Morrison and his team at Unified Lawyers. From the first phone call, Andrew listened to me and provided helpful information about my separation. The initial appointment helped me unpack my options and empowered me to know what to do next. Andrew was quick to reply to emails and was there to help. He successfully helped me seperate well from my ex without having to go to court and I can not thank him enough for this. I highly recommend Andrew Morrison!
Frequently asked questions about binding financial agreements
Is a binding financial agreement the same as a prenup?
A prenuptial agreement is one type of financial agreement made before marriage. BFAs can also be made during a relationship, after separation or after divorce.
Do both parties need lawyers for a BFA?
Each party must receive independent legal advice from an Australian lawyer before signing for the agreement to meet key legal requirements.
Can a BFA be made after separation?
Yes. A separation financial agreement can be used to deal with financial matters after a relationship breaks down, depending on the circumstances.
Can de facto couples make financial agreements?
Yes. Financial agreements can apply to eligible de facto relationships under Australian family law.
Can a BFA deal with spousal maintenance?
It can deal with maintenance in some circumstances, but careful drafting and advice are important.
Can a BFA be set aside?
The Court can set aside financial agreements in some circumstances. This is one reason careful advice, disclosure and process are important.
Should I sign a BFA prepared by my partner’s lawyer?
Do not sign until you have received independent legal advice and understand the effect, advantages, disadvantages and risks.
Can Unified Lawyers Melbourne act for both parties?
No. Each party needs independent advice. We can act for one party and the other person should obtain their own lawyer.