Binding Financial Agreements (Prenups and Postnups)
Binding Financial Agreements (BFAs) allow couples to formalise how property, finances and assets will be divided if the relationship ends, and Law Tram helps you connect with licensed Australian lawyers who can explain the legal requirements. This obligation-free online service supports you in understanding when BFAs are suitable, how they differ from consent orders and what steps are needed for the agreement to be valid.
Want to protect assets or avoid future disputes?
A Binding Financial Agreement (BFA) (commonly referred to as a prenup or postnup) is a legally recognised contract that outlines how assets, property, and financial matters will be handled if a relationship breaks down.
BFAs can be made before, during, or after a relationship or marriage. They’re often used to protect inheritances, business interests, or to agree on financial arrangements in advance. But these agreements are only valid if strict legal requirements are met, including both parties receiving independent legal advice.
Law Tram connects you with lawyers who can draft or review a BFA that’s tailored to your needs and legally enforceable under Australian law.
Law Tram's Legal Partners can assist with financial agreements, including:
- Drafting Binding Financial Agreements for couples entering marriage or de facto relationships
- Reviewing existing agreements to ensure they are valid and enforceable
- Advising on BFAs during or after a relationship
- Protecting assets, businesses, or inheritances from future claims
- Creating fair agreements that consider current and future needs
- Helping clients who are remarrying or blending families
- Addressing concerns about unfairness, pressure, or unconscionable conduct
- Advising on the difference between a BFA and Consent Orders
- Challenging or defending the validity of an existing BFA
- Ensuring both parties receive proper legal advice as required by law
Why choose Law Tram
- Connect with lawyers experienced in Binding Financial Agreements
- Secure and private intake to outline your financial situation
- Fast guidance on drafting, reviewing or challenging a BFA
- No obligation to engage a lawyer unless you choose to proceed
- Lawyers help you understand the legal requirements for a valid agreement
How it works
Confidential and Secure Questionnaire
Start by completing our secure online questionnaire. This step allows you to provide essential details about your family law matter and personal circumstances.
Confidential Legal Snapshots
Law Tram’s advanced technology generates a confidential legal brief summarising your situation while keeping your personal details private.
Review by Licensed Australian Lawyers
Your confidential legal snapshot is shared with our network of vetted lawyers who review your case to determine how they can assist.
Connect with a Lawyer
If a lawyer believes they can help, they will initiate a chat with you through the Law Tram platform. Your contact details remain private unless you choose to share them.
No Obligation
You are under no pressure to retain any lawyer unless you are confident in their ability to assist. Law Tram empowers you to make informed decisions.
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Legal information only – not a substitute for advice
This page provides general legal information only. It is not legal advice and should not be relied on as such. BFAs have strict legal requirements and should be handled with professional legal support. You should seek advice from an Australian Legal Practitioner before entering or relying on a financial agreement.
Note: “Free service” refers only to Law Tram’s platform and process, not the legal advice itself.
Take the first step toward resolution
Law Tram offers a secure, efficient and supportive way to connect with lawyers who understand the legal issues involved in Binding Financial Agreements. Whether you are preparing a new agreement, reviewing one, or resolving a dispute about an existing BFA, our platform helps you access tailored legal advice before you proceed.
Take the first step with clarity and peace of mind by starting your free online consultation with Law Tram now.
Frequently Asked Questions
It’s a private contract between two people that sets out how property and finances will be handled if the relationship ends.
Yes. A BFA is the Australian equivalent of a prenuptial agreement, but it can also be made during or after the relationship.
Yes. For the BFA to be valid, both parties must receive independent legal advice before signing.
Yes, in some cases, especially if there was unfair pressure, fraud, or the legal requirements weren’t met.
Consent Orders are approved by the court and enforceable like a court order. BFAs are private agreements but still legally binding if validly made.
Yes. A BFA can outline how future inheritances, gifts or expected family contributions will be treated in the event of separation. A lawyer can help draft the terms clearly so they remain enforceable.
Yes. A BFA can set out whether spousal maintenance will be paid, for how long and in what circumstances. A lawyer must explain these implications to ensure the terms comply with the Family Law Act.
Reconciliation does not automatically cancel a BFA. The agreement remains valid unless both parties sign a termination agreement or create a new BFA. A lawyer can advise on whether updating it is necessary.