Plan ahead. Protect what's yours. Stay on the same team.
A prenup or Binding Financial Agreement, drafted by a real Australian family lawyer. Fixed price. Plain English. No surprises.
You'll know this is the right page if…
Any of those sound familiar? You're not the only one — most of our BFAs come from couples in exactly this moment.
What is a Binding Financial Agreement?
A Binding Financial Agreement — often called a prenup if you sign it before the relationship — is a private contract between you and your partner. It says, clearly and in advance, how your assets and debts get divided if the relationship ever ends.
It replaces what a court would otherwise decide. That's the whole point: you make the rules together, instead of leaving them to a judge years from now, in a much harder moment.
A BFA can be signed before the relationship (a prenup), during it, or after separation — and it works the same for married and de facto couples, since de facto partners have the same property rights as married couples. The Family Law Act 1975 (Cth) and, in WA, the Family Court Act 1997 (WA) make it possible.
A BFA isn't a sign you don't trust each other. It's a sign you've both decided to be grown-ups about money, on a calm day.
Why couples actually do this
Protecting an asset that pre-dates the relationship
A house you bought before you met. A business you've built since university. An inheritance from a parent. A BFA can ring-fence those — so a future separation doesn't pull them into the asset pool.
Making the conversation with a parent or lender easier
A lot of our BFAs come from couples where family is helping financially — a deposit, a gift, a loan. The BFA puts in writing what happens to that money, so they can give with confidence.
Removing the financial unknown from the relationship
Money is the most common thing couples fight about. Having the rules in writing, agreed when everyone's calm, lets a lot of couples actually stop thinking about it.
How it works — four steps
Tell us what you're protecting
Talk to our AI on this page, or call us. We'll work out together what your situation actually needs — a simple BFA, a complex one, or a different product entirely.
Meet your lawyer
A virtual meeting with a real Australian family lawyer. They walk you through the choices that drive the document — what to include, what to ring-fence, sunset clauses, review triggers.
We draft. You review.
Your lawyer prepares the draft. You read it carefully, ask questions, and request changes. One round of minor amendments is included in the fixed fee.
Both sides sign
Your partner gets their own independent legal advice from their own lawyer — we only act for one person, but we can recommend fixed-fee law firms they can get that advice from, so they're not searching cold. Both lawyers sign their certificates and the agreement becomes legally binding.
“But my partner also needs a lawyer. That's awkward.”
For a BFA to be binding, both parties must get independent legal advice from their own lawyer. That's the law — and it's there to protect everyone. Without those two lawyer certificates, the agreement can be set aside later.
The awkward bit is asking your partner to go and 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. Same predictable pricing, no surprise bills — just a different firm.
They don't have to use anyone we suggest — any qualified Australian family lawyer can give the advice. But if they'd like a recommendation, we'll point them to a firm so they're not starting from scratch.
Fixed-price BFA — published, no surprises
Simple BFA
Complex BFA
Every complex matter is different, so we price it for you — honestly, up front, before you commit.
* About super splits before separation. Under Part VIIIB of the Family Law Act, the superannuation interest has to be identified in the agreement. Because funds can change between signing and the eventual separation, the clause has to be drafted to anticipate that — which is more complex than a post-separation split. Many lawyers won't take it on. We can — it sits in our Complex BFA pricing.
Will it actually hold up?
A BFA holds up if it's drafted properly and signed properly. Most BFAs that get set aside later are set aside for procedural reasons — not because of the deal the couple agreed to. A court can only cancel a BFA on limited statutory grounds, and the most common ones are avoidable.
The grounds are limited and well-known:
- Fraud or non-disclosure — someone hid an asset or lied about something material. Even a small undisclosed asset has been enough in past cases.
- Duress, undue influence or unconscionable conduct — one party was pressured, rushed, or didn't have a real chance to understand what they were signing.
- Improper execution — the formal requirements weren't met. Independent advice on both sides, signed certificates correctly attached, advice given on the version actually signed (not an earlier draft).
- A material change relating to a child of the relationship that causes hardship to the primary carer. This is the most common live risk in real-world cases.
- Impracticability — a completely unforeseen event has made the agreement impossible to carry out. (Very high threshold; rarely succeeds.)
What a BFA cannot be set aside for: one party later thinking the terms turned out unfair. Unfair is allowed. Improper isn't.
So we get the procedure right. Genuine independent advice on both sides. Both parties list their assets, debts and financial resources in the BFA itself (that's the simplest form of disclosure, and what most couples go with). Time between draft and signing — nothing is rushed. The certificates are signed on the final version. Each lawyer goes through the set-aside risks with their client at the consultation, so both parties sign knowing exactly what they're signing.
We've done this for many clients. The procedure is muscle memory by now.
Backed by MKI Legal — a registered Australian law firm. Real Australian family lawyers, drafting hundreds of BFAs and prenups every year.
Wherever you are in Australia, the law is the same — and so are we.
Family law in Australia is federal law. The Family Law Act 1975 applies the same way in every state and territory — so a consent order, BFA or prenup we prepare is valid right across the country.
Currently serving clients in NSW, VIC, QLD, SA, WA, TAS & the ACT. Northern Territory coming soon.
Questions couples ask us
No — most couples find the process actually strengthens the relationship. Money is the thing most couples fight about. Talking about it on a calm day, with a structure, defuses a lot of what would otherwise come up later.
Yes. A BFA can be signed before, during, or after a relationship. The same legal framework applies.
No — we only act for one person in a matter, so your partner gets independent advice from their own lawyer. They can use any qualified Australian family lawyer, and we can recommend fixed-fee firms so they're not searching cold. The certificate of advice can come from anyone qualified.
A BFA covers property, finances and spousal maintenance. It can't decide parenting arrangements for children — those are dealt with separately and a court is involved.
You can vary or terminate a BFA at any time, as long as both parties agree and the process is followed properly. We can help with that too.
No agreement, no BFA — that's the whole point of independent advice and free will. We talk through what the agreement is going to say before drafting starts, so the shape of the deal is clear up front. If you need help getting to an agreement first, a 30-minute paid lawyer consult is available to run through the BFA approaches together. If your partner still pushes back later, our fixed-fee negotiation service can help on smaller points.
Yes. Full and frank disclosure of assets, debts, income and financial resources is required for the agreement to hold. Hiding things is the fastest way to have the BFA set aside later.
Usually two to six weeks from start to signed. Faster if you're under a wedding deadline — tell us and we'll work to it.
