What is a Binding Financial Agreement?
A Binding Financial Agreement (BFA) sometimes just referred to as a Financial Agreement is a written agreement dealing with any of the property financial resources and/or maintenance of the parties to a marriage or de facto relationship.
Approval from the Family Court is not required for Binding Financial Agreements to be binding. However, very specific conditions as set out in the Family Law Act must be met and both parties are required to obtain independent legal advice.
Binding Financial Agreements can be entered into following the breakdown of a marriage or de facto relationship. They can also be entered into at other times including before marriage (often known as a pre-nup), before cohabitating with a partner, or during the marriage or relationship. There are particular sections of the Family Law Act relevant to each of these scenarios, and each Agreement must be expressly made under the relevant section.