Binding Financial Agreements & Prenuptial Agreements
Protect Your Assets
SECURE YOUR FUTURE
At KLM Solicitors we help individuals and couples across Brisbane and the Sunshine Coast safeguard their financial interests through legally binding agreements tailored to their unique circumstances. Whether you're entering a relationship, already married, or separating, a Binding Financial Agreement (BFA) can provide clarity, certainty, and peace of mind.
What is a Binding Financial Agreement (BFA)?
A Binding Financial Agreement is a legally enforceable contract made between de facto or married couples under the Family Law Act 1975 (Cth). These agreements outline how assets, liabilities, superannuation, and spousal maintenance will be dealt with in the event of separation.
You can enter a BFA:
Before marriage or a de facto relationship (commonly known as a Prenuptial Agreement)
During the relationship
After separation or divorce
Why Consider a Prenuptial Agreement?
A prenuptial agreement isn’t just for high-net-worth individuals. It’s a practical and proactive way to:
Protect existing assets such as property, inheritances, or businesses
Avoid costly and lengthy disputes in the future
Provide certainty and reduce stress in the event of separation
Ensure fairness in blended families or second marriages
Are BFAs Legally Enforceable in Australia?
Yes – but only if they meet strict legal requirements. To be valid and enforceable, both parties must:
Enter the agreement voluntarily
Receive independent legal advice before signing
Have their lawyers provide certificates confirming that advice
Disclose all relevant financial information
How We Can Help
Our experienced family lawyers in Brisbane and the Sunshine Coastare here to guide you through every step:
DRAFTING OR REVIEWING A BINDING FINANCIAL AGREEMENT
NEGOTIATING TERMS THAT ALIGN WITH YOUR NEEDS AND GOALS
PROVIDING CLEAR, INDEPENDENT LEGAL ADVICE AS REQUIRED BY LAW
ENSURING YOUR AGREEMENT COMPLIES WITH THE FAMILY LAW ACT AND IS FULLY ENFORCEABLE
We understand these conversations can be sensitive, so we approach each matter with professionalism, empathy, and discretion.
