The Secret to a Strong Binding Financial Agreement: Consent, Clarity, and Communication
When it comes to love and law, a Binding Financial Agreement (BFA) can be one of the most empowering tools for couples who want to plan their financial future with clarity and confidence. But for a BFA to actually bind, there’s one key ingredient that can’t be faked — true mutual consent.
A BFA must be entered into voluntarily, without duress, coercion, undue influence, or pressure of any kind. In other words, no one should feel cornered, rushed, or emotionally leveraged into signing. The law is clear: even the most beautifully drafted BFA won’t stand if one person didn’t genuinely agree to it.
At its heart, a BFA is about a meeting of the minds — two people being open, honest, and transparent about their intentions and financial circumstances. That means clear communication, fair negotiation, and enough time for both sides to think things through and obtain independent legal advice.
Sometimes, despite best efforts, that “meeting of the minds” just doesn’t happen — and that’s totally okay. In those cases, court orders may be a better way to set clear and enforceable boundaries around property and financial matters.
Because in the end, the goal isn’t to force agreement — it’s to reach understanding, so both people can move forward with peace of mind.
Legal Disclaimer
This article provides general information only and does not constitute legal advice or create a solicitor–client relationship. Every situation is unique, and you should obtain independent legal advice tailored to your circumstances before making decisions.
To discuss your options or find out whether a Binding Financial Agreement is right for you, contact The Aussie Love Lawyer today.