It's Not Just a Prenup: When You Can Enter a Binding Financial Agreement (and Why Timing Matters)
When most people hear the word prenup, they picture cold feet, awkward conversations, or high-net-worth couples on reality TV. But in Australia, Binding Financial Agreements (BFAs) are more flexible — and far more useful — than many realise.
At The Aussie Love Lawyer, I like to reframe the conversation: It’s not about planning for the worst — it’s about protecting what matters, respecting your relationship, and having open, mature conversations about money. And you don’t need to be on the verge of marriage to make one.
In fact, you can enter a BFA before, during, or after your marriage or de facto relationship. Here's how it works — and why the right time might be now.
First, What Is a BFA (Again)?
A Binding Financial Agreement is a legal contract that outlines how finances, property, and assets will be dealt with if a relationship breaks down. It can also cover spousal maintenance and debt arrangements.
BFAs are available to:
Married couples (before, during, or after marriage), and
De facto couples, including same-sex relationships (before, during, or after the relationship).
The Family Law Act 1975 gives BFAs the legal power to keep your matters out of court — provided they’re done correctly, with independent legal advice for both parties.
1. Before the Relationship Gets Serious – The "Prenup" Stage
This is the classic time people think about BFAs — when engagement is on the table or a couple is about to move in together. This kind of BFA is commonly called a prenup, but under Australian law, it’s simply a financial agreement made before marriage or living together as a de facto couple.
Why it makes sense:
You’re bringing in significant assets or an inheritance.
You’re starting a business or buying property.
You want to protect children from a previous relationship.
You just want financial clarity before blending lives.
2. During the Relationship – When You’re In It, but Want Clarity
Life moves fast — and sometimes it’s only after you've moved in together or tied the knot that financial concerns arise. The good news? You can still enter into a BFA while you’re in the relationship.
Why this might be right for you:
One partner has received a windfall (inheritance, gift, business success).
You're about to invest in property together but want a clear exit plan.
There’s been a change in career or one partner is stepping back to care for kids.
You simply want to document your financial understandings as your relationship evolves.
This kind of agreement helps prevent assumptions, resentment, or legal drama down the line — and can actually strengthen the trust between you.
3. After Separation – Making a Clean Break
Did you know that BFAs can be entered into after a relationship ends — whether you were married or in a de facto relationship?
This is useful when:
You’ve separated amicably and want to finalise the split without going to court.
You’ve already divided assets but want to make it official and binding.
You’re looking for a quicker, less expensive alternative to consent orders.
This type of BFA can be part of a respectful, drama-free exit strategy.
Why the Timing Matters — But Isn’t Everything
Many people wrongly assume that if they missed the “prenup” window, it’s too late. Not true.
What really matters is getting the right advice and doing it properly. That means:
Both partners getting independent legal advice (a legal requirement),
Ensuring the agreement is drafted correctly and signed with care,
Making sure it reflects your actual intentions and current circumstances.
How The Aussie Love Lawyer Can Help
Whether you’re just starting out, knee-deep in life together, or moving on, I offer:
Tailored BFAs for every stage of a relationship,
Fixed-fee pricing (no bill shock),
Full agreements or independent advice only, and
Online, convenient service — no courtrooms, no pressure.
💬 Let’s Talk About What’s Right for You
You don’t need to be rich, married, or separating to take control of your financial future. BFAs are about clarity, confidence, and fairness — at any stage of your relationship.
📅 Book a free discovery call today and find out how a BFA could work for you.
⚠️ Disclaimer:
This article provides general information only and does not constitute legal advice. You should not rely on it as a substitute for legal advice tailored to your individual circumstances. Always consult a qualified lawyer before making legal decisions.