Binding Financial Agreements - Fixed Fee, Fully Online

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What is a Binding Financial Agreement?

A Binding Financial Agreement (BFA) is a legal contract between two people that sets out how assets and finances will be divided if the relationship ends. They are used by couples who want certainty and to avoid a court process if things don't work out.

BFAs can be entered into before a relationship (often called a "prenup"), during a relationship, or after separation. They can cover property, superannuation, spousal maintenance, and more.

For a BFA to be legally binding under the Family Law Act 1975 (Cth), each party must receive Independent Legal Advice from a separate solicitor before signing.

What is Independent Legal Advice?

Independent Legal Advice (ILA) is the legal advice each party must receive from their own separate solicitor before signing a BFA. The solicitor must advise you on:

• The effect of the agreement on your rights
• The advantages and disadvantages of the agreement for you specifically
• Whether it is in your interest to sign

Without proper ILA from an independent solicitor, the BFA may be set aside by a court. It is not just a formality - it must be genuine, informed advice.

How it works

1. 1
   Enquire online

   Tell us which service you need. We'll confirm your fixed fee and next steps.

2. 2
   We prepare or review the BFA

   For drafting, we prepare the agreement based on your instructions. For ILA, we review the BFA your partner's lawyer has prepared.

3. 3
   Advice session

   We conduct a video or telephone conference to explain the agreement and advise you on your rights and options.

4. 4
   Sign and receive your Certificate

   You sign electronically and we issue your Solicitor's Certificate. The BFA is then legally complete.

Why choose Jarrah Legal?