When can you make a binding financial agreement?
BFAs can be made at any stage of a relationship:
- Before a marriage or de facto relationship (sometimes called a prenup)
- During the relationship, to clarify financial arrangements
- After separation, to finalise property and support
What makes a financial agreement legally binding?
For a BFA to be binding under Australian law, strict requirements must be met — most importantly, each party must receive independent legal advice before signing. Mediation handles the hard part (reaching fair terms everyone accepts); the formal legal steps then make it enforceable. We guide you through both.
BFA or consent orders — which is right for you?
Both can finalise property matters, but they work differently. Consent orders are approved by a court; BFAs are private contracts. We'll help you choose. Compare consent orders →
Why mediate a financial agreement?
Because financial agreements negotiated adversarially breed resentment and are more likely to be challenged later. Terms reached through mediation tend to be fairer, better understood by both parties, and more durable. See spousal maintenance →