Financial Agreements
Prenuptial, cohabitation and separation agreements, drafted and reviewed with the care they need to be binding.
A binding financial agreement (often called a BFA, or a “prenup” when made before marriage) is a contract between partners about how property, superannuation and financial resources will be dealt with if the relationship ends. A properly made agreement can give both people certainty and avoid a court deciding the outcome.
The Family Law Act 1975 (Cth) sets strict requirements. Among other things:
Even when these requirements are met, a court can set an agreement aside in some circumstances – for example, if there was fraud or non-disclosure of significant assets, if a party was pressured or unfairly disadvantaged when signing, or if there has been a material change in circumstances relating to the care of a child. The High Court has confirmed that agreements signed under significant pressure, such as shortly before a wedding, may be set aside.
A financial agreement cannot decide parenting arrangements, and child support is dealt with separately.
We draft agreements for one party, or advise you on an agreement prepared by your partner’s lawyer. We focus on full disclosure, clear drafting, and allowing enough time before signing, all of which reduce the risk of the agreement being challenged later.
As early as possible. Signing well ahead of the wedding, with time for negotiation and independent advice, reduces the risk of a later claim that a party signed under pressure.
It depends. Consent orders are assessed by the court and are generally harder to challenge. A financial agreement offers more privacy and flexibility. We can advise which suits your situation.
No. Without independent legal advice and the required statements, the agreement will not be binding.
This page is general information only and is not legal advice. Every family is different – please contact us for advice about your situation.
Rees maintains a limited caseload so that every client receives his personal attention. Request a call back or phone 07 3532 4040.
Your enquiry is kept confidential. Please keep your message brief – we’ll go through the details with you once we have completed a conflict check.