Binding Financial Agreements for separation and divorce in Brisbane
Avoid court. Protect your financial future clearly and legally.
A Binding Financial Agreement documents how assets, debts, and financial support will be handled, before, during, or after a relationship ends.
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WHAT IS A BINDING FINANCIAL AGREEMENT
A Binding Financial Agreement (also known as a financial separation agreement) allows separating couples to agree on how assets and liabilities are divided, without needing to go through court.
WHY YOU NEED A LAWYER:
These agreements are complex and must meet strict legal requirements to be valid. Both parties must get independent legal advice. We advise, negotiate and prepare BFAs that stand up to scrutiny — and protect your financial future.
A Binding Financial Agreement (BFA) is a private contract between partners that outlines how your finances — including assets, liabilities, superannuation and spousal maintenance — will be handled either before, during, or after your relationship.
These agreements are a powerful legal tool that can help couples maintain control over their financial future without needing to go through the courts.
When done properly, a BFA can provide certainty, peace of mind, and significantly reduce the emotional and financial stress that can come with separation.
Why choose a BFA over Court
Orders?
While both BFAs and Consent Orders can formalise a financial settlement, BFAs offer greater flexibility and can be used in more situations (such as before a relationship begins). They also allow you to maintain more control over the process and outcome.
However, the law around BFAs is complex, and poorly drafted agreements are at risk of being overturned by the Court. That’s why working with experienced family lawyers is critical.
Why you still need a lawyer
BFAs must meet strict legal requirements under the Family Law Act 1975 to be valid and enforceable. This includes both parties receiving independent legal advice before signing.
At Martens Legal, we do more than just tick boxes. We provide strategic legal advice tailored to your unique situation - ensuring your agreement is not only legally sound, but also fair, practical and built to last.
We advise, negotiate, and draft BFAs that protect your interests — whether you're planning for the future or navigating a relationship breakdown.
Martens Legal helps you:
At Martens Legal, we:
Explain your options clearly, so you feel informed and confident
Help negotiate terms that reflect your values and goals
Draft watertight BFAs that meet all legal requirements
Ensure both parties receive valid independent legal advice
Handle the entire process with sensitivity and professionalism
Whether you're protecting assets before marriage, putting a plan in place during your relationship, or finalising things after separation — we’ll help you make empowered financial decisions and avoid unnecessary court battles.
Is a Binding Financial Agreement right for you?
We’ll help you decide whether a BFA is the most suitable approach for your situation — or whether Consent Orders for example might be a better fit.
Types of Binding Financial Agreements
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Ideal for couples about to move in together or get married.
This agreement sets out what happens to your financial assets if you separate in the future. It’s especially useful where one or both parties have significant assets, children from a previous relationship, or want to avoid disputes down the track.
Common uses:
Protecting pre-existing wealth (property, businesses, inheritances)
Providing certainty for blended families
Managing expectations upfront
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Perfect for couples who are already living together or married but want to sort out their financial affairs while the relationship is still intact.
This might happen when major life changes occur — such as purchasing property together, starting a business, receiving an inheritance, or blending families.
Common uses:
Clarifying financial responsibilities during the relationship
Ensuring a fair plan is in place if things don’t work out
Strengthening the financial side of the relationship with clear communication
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Used when a couple has separated and wants to formalise their property settlement without going to court.
This type of BFA provides clarity and finality. It can help you move forward faster and with less stress than a drawn-out litigation process.
Common uses:
Agreeing on division of property, superannuation, and debts
Avoiding court involvement altogether
Reducing legal fees and emotional toll
Want to protect what matters, now and into the future?
Whether you’re separating or staying together, a Binding Financial Agreement gives you clarity and control over your financial future. We’ll guide you through every step.