A private, legally binding agreement — drafted by a real Australian family lawyer.
Before a relationship, during one, or after separation — for married and de facto couples alike, a BFA puts the financial rules in writing, on your terms. From $1,500. Plain English. Fixed price.
Three moments when a BFA is the right answer
Before the relationship
A wedding date or move-in date in the diary. You're about to merge your finances — or about to tip into the 2-year de facto threshold. A BFA signed now sets the rules before the law starts assuming them for you.
Read moreDuring the relationship
You're already partnered or married. Something has changed — an inheritance arrived, a business sold, a property bought, a family member offered a deposit on the condition you formalise things.
Read moreAfter separation
You and your former partner have agreed how to split things, but you'd prefer a private contract to a court order — for privacy, for unusual deals, or because you don't want to involve the court.
Read moreA real law firm — with a real team
Lawcaptain runs inside MKI Legal — a registered Australian law firm with 14+ years of practice. Every matter is supervised by a qualified lawyer, on our team, in Australia. And because family law is federal — consistent across every state and territory — we can help couples wherever they live in Australia.
Prepares 200+ consent orders a year. 4.8 Google rating.
14+ years' practice. Director of MKI Legal.
14+ years' experience in legal practice.
Lawyer, admitted since 2012.
Supporting family-law matters end to end.
Builds and runs the Lawcaptain platform.
Front-end & back-end developer.
Designs the Lawcaptain product & brand.
Prepares 200+ consent orders a year. 4.8 Google rating.
14+ years' practice. Director of MKI Legal.
14+ years' experience in legal practice.
Lawyer, admitted since 2012.
Supporting family-law matters end to end.
Builds and runs the Lawcaptain platform.
Front-end & back-end developer.
Designs the Lawcaptain product & brand.
What is a Binding Financial Agreement?
A Binding Financial Agreement (BFA) is a private contract between two people in a relationship. It sets out — in advance — exactly how property, financial resources and debts will be divided if the relationship ever ends.
BFAs are created under the Family Law Act 1975 (Cth) and, in Western Australia, the Family Court Act 1997 (WA). They apply equally to married and de facto couples — de facto partners have the same property rights as married couples, so a BFA is just as relevant whether or not you ever marry. The defining feature is that a BFA replaces what a court would otherwise decide. You make the rules together, on your timeline.
Same legal framework, three different timings: before a relationship (a prenup), during a relationship, or after separation. The technical name is “BFA” in all three cases.
In plain English: a BFA is a contract you and your partner sign that says what happens to your money and property if you ever split up. Done properly, the court can't override it later.
Trusted by hundreds of Australian families
Reviews from clients of MKI Legal — our parent law firm. 200+ Google Reviews*, 4.8 average rating.
“Angelo was very prompt with his guidance, offering support and information at every stage.”
“Very professional, helpful, explains everything, and has great communication.”
“Made what could have been a complex process seem easy and stress-free. Very appreciative!”
“Nothing was ever too hard and he always made me feel like I mattered.”
“Patient and supportive, always returned calls and provided much-needed guidance and advice.”
“Made what could have been a very stressful matter very easy to navigate.”
“Angelo was very prompt with his guidance, offering support and information at every stage.”
“Very professional, helpful, explains everything, and has great communication.”
“Made what could have been a complex process seem easy and stress-free. Very appreciative!”
“Nothing was ever too hard and he always made me feel like I mattered.”
“Patient and supportive, always returned calls and provided much-needed guidance and advice.”
“Made what could have been a very stressful matter very easy to navigate.”
How a BFA gets done — four steps
Free discussion
Tell us what you're protecting and when by. Talk to the AI on this page, or call us — we'll work out the scope, the price, and whether a simple BFA is enough or you need the complex version.
Meet your lawyer
A virtual meeting with a real Australian family lawyer. They walk you through the choices — what to include, what to ring-fence, sunset clauses, spousal-maintenance, the “what if” scenarios.
We draft. You review.
Your lawyer drafts the agreement. You review, ask questions, and request changes. One round of minor amendments is included in the fixed fee.
Your partner gets their own legal advice. Both lawyers sign.
For the BFA to be binding, your partner must have their own independent lawyer. That lawyer signs a certificate of advice. Both certificates plus both signatures = a binding BFA.
Why does my partner need their own lawyer?
A BFA only binds if both parties got independent legal advice from their own lawyer — and that lawyer signed a certificate confirming the advice was given. This is set out in the Family Law Act, not by us. Without those two certificates, the BFA can be set aside later.
The awkward bit is asking your partner to find a lawyer cold. So we made it easier: we only act for one person, but we can recommend fixed-fee law firms your partner can get their independent advice from.
Your partner picks their own lawyer — any qualified Australian family lawyer can give the advice. If they'd like a recommendation, we'll point them to a fixed-fee firm so the price stays predictable.
The maths
You pay $1,500 for your side of a simple BFA. Your partner pays their own lawyer separately — we can recommend fixed-fee firms so they know the cost up front instead of facing an open-ended bill.
Fixed-price BFA — published, in writing
Simple BFA
Complex BFA
Talk to us for a custom price — honest, up front, before you commit.
If you've separated — BFA or consent orders?
Both options make your post-separation agreement binding. Most separated couples choose consent orders because they're simpler and cheaper. A BFA suits when you want maximum privacy, or the deal is outside what a court would normally make.
What a BFA can — and can't — cover
A BFA can cover
A BFA can't cover
When a BFA can be set aside — and how we prevent it
A court can set aside (cancel) a BFA in limited circumstances. Most failures are procedural — so we get the procedure right.
Fraud or non-disclosure
One party hid assets or lied about something material.
Duress or undue influence
One party was pressured, rushed, or didn't have a real chance to understand what they were signing.
A material change relating to a child
An unforeseeable change involving a child of the relationship makes the agreement unfair.
Impracticability
Circumstances have changed so much that the agreement can't be carried out.
So we get the procedure right: genuine independent advice on both sides, full and frank disclosure, no rushing the signing, certificates correctly executed. We've done this for hundreds of couples.
Backed by MKI Legal. Real Australian family lawyers. Drafting hundreds of BFAs and prenups every year.
Want to read more before you decide?
Binding Financial Agreements — the full FAQ
Read the guideHow a BFA divides assets — the mechanics
Read the guideSplitting superannuation in a BFA
Read the guideSpousal maintenance — and how a BFA handles it
Read the guideIndependent legal advice — why both sides need a lawyer
Read the guideTax and stamp duty in family-law transfers
Read the guideBFA questions
Yes — “prenup” is the colloquial name for a BFA signed before a relationship. The legal product is the same.
Yes. A BFA can be signed before, during or after a relationship. Same framework.
They can request changes through their lawyer. One round of minor amendments is included in our fixed fee. Bigger disagreements may need a revised quote. Most amendments are minor.
Each party is legally required to disclose all assets, debts, income and financial resources, honestly. Not just the things you're dividing — everything. Hiding things is the most common ground for setting aside a BFA later.
Spousal maintenance is an ongoing financial payment from one former partner to the other where one person can't adequately support themselves. Yes — a BFA can address it, either by including provision for it or by ruling it out by agreement.
Yes. You can vary or terminate a BFA at any time, as long as both parties agree and the legal process is followed properly (which still requires independent legal advice on both sides).
That's the trigger for our Complex BFA pricing. The agreement needs to be properly explained and translated where required — otherwise it can be set aside on procedural fairness grounds. We organise interpreters.
At engagement, before drafting starts. The Costs Agreement makes the price explicit before you commit anything.
No — a BFA is a private contract. It is not filed with the court. Each party keeps a signed original. This is the privacy advantage over consent orders.
