Articles.
Plain English guides to help couples understand Binding Financial Agreements and make informed decisions about their financial future.
The Complete Guide to Prenups in Australia
Everything couples need to know about Binding Financial Agreements — from legal requirements to the full process.
Read the guide →Legal Guides
13 articlesThe Complete Guide to Prenups in Australia
Everything you need to know about BFAs under the Family Law Act.
What Is a Binding Financial Agreement in Australia
A clear explanation of BFAs, who can enter one, and what they cover.
Are Prenups Enforceable in Australia?
What makes a BFA legally binding and when courts may set one aside.
Prenup vs Postnup in Australia
Differences between agreements made before and during marriage.
How Independent Legal Advice Works
Why each partner needs their own lawyer and what happens during the process.
What Can Be Included in a Prenup?
Types of clauses, assets, and arrangements that can be addressed.
What Can Make a Prenup Invalid?
Common issues from duress to incomplete disclosure that can void a BFA.
How Financial Disclosure Works in a BFA
Why full financial disclosure is essential and what each partner shares.
Can a BFA Be Set Aside After Having Children?
How the arrival of children can change the landscape of an existing agreement.
How Courts Assess Changed Circumstances in a BFA
The legal tests courts apply when deciding whether a financial agreement still holds.
The Difference Between a BFA and a Consent Order
Two ways to formalise financial arrangements and which suits your situation.
What Happens If You Don't Get Independent Legal Advice?
Legal consequences of skipping independent legal advice and enforceability impacts.
How Non-Disclosure Can Invalidate a Financial Agreement
Why honesty about finances is both a legal requirement and the foundation of fairness.
Relationship Conversations
11 articlesWhen Should Couples Consider a Prenup?
Common life moments when creating a financial agreement makes sense.
How to Talk About a Prenup With Your Partner
Practical tips for starting the conversation in a way that builds trust.
Are Prenups Only for Wealthy Couples?
Why financial agreements can be valuable at any income level.
Planning Finances Before Marriage
How to approach financial planning as a couple before you tie the knot.
Why Financial Transparency Matters in Relationships
How openness about money builds a stronger foundation.
Common Financial Conversations Couples Avoid
The money discussions many couples put off and why having them sooner matters.
How to Navigate a Prenup When Parents Are Involved
When a family member is encouraging a BFA, how couples can keep it between themselves.
Understanding Your Partner's Relationship with Money
Exploring how each of you thinks about money as the first step toward a fair agreement.
Discussing Financial Agreements Without Damaging Trust
Strategies for keeping the prenup conversation collaborative rather than adversarial.
Why Generosity Matters More Than Entitlement in a BFA
Approaching financial agreements with a spirit of fairness leads to stronger outcomes.
The Emotional Side of Signing a Financial Agreement
Acknowledging the feelings that come up during the BFA process and working through them.
Property & Assets
11 articlesProtecting Family Gifts and Inheritances
How to structure a BFA so that gifts from parents or inherited wealth are addressed.
Prenups for Business Owners
Special considerations for entrepreneurs entering a financial agreement.
Buying Property Together Before Marriage
What couples need to consider when purchasing property before formalising their relationship.
What Happens to Debts in Divorce?
How shared and individual debts are typically handled during separation.
Financial Agreements and Superannuation
How super is treated in a BFA and splitting retirement savings.
Financial Agreements for Property Investors
Navigating prenups when one or both partners hold investment properties.
How to Structure Family Gifts in a BFA
Practical approaches to documenting parental gifts so both parties understand the terms.
Keeping Gifted Assets in Your Sole Name After Marriage
Understanding asset titling and how it interacts with your financial agreement.
BFAs for Couples Receiving Parental Help to Buy a Home
When the bank of mum and dad helps with a deposit, here's what to consider.
Why Informal Loan Agreements May Not Hold Up in Court
The risks of undocumented family loans and how courts assess them.
Protecting a Family Business Through a Financial Agreement
Strategies for business-owning families when a child enters a serious relationship.
Special Situations
9 articlesPrenups for Second Marriages
Why financial agreements are especially common when entering a second marriage.
Financial Agreements for De Facto Couples
How the Family Law Act applies to de facto relationships.
Prenups When One Partner Has More Assets
Navigating the conversation when there's a significant asset imbalance.
International Assets and Prenups
Considerations for couples with assets in multiple countries.
What Happens When a BFA Doesn't Account for Children
How the birth of children can change the landscape of an existing financial agreement.
Financial Agreements for Blended Families
Navigating BFAs when both partners bring children and assets from previous relationships.
BFAs When One Partner Is the Primary Caregiver
How stay-at-home parenting affects financial agreements and planning.
Prenups and the Intergenerational Wealth Transfer
Understanding how BFAs fit into family estate planning as wealth passes between generations.
Financial Agreements for Couples with Trust Structures
How family trusts and corporate structures interact with BFAs.
Family Wealth
5 articlesHow the Bank of Mum and Dad Can Use BFAs to Protect Gifts
When parents help financially, a BFA can provide clarity about what happens if the relationship ends.
What Families Should Know Before Gifting Money for a Home
A practical guide for parents considering significant financial gifts to their children.
Protecting Inherited Wealth Through Financial Agreements
How BFAs can preserve family wealth while supporting a fair partnership.
When Family Expectations Shape Financial Agreements
Balancing parental wishes with a couple's own vision for their financial future.
BFAs and Estate Planning: A Family Approach
How financial agreements fit into a broader strategy for preserving family wealth.
Expert Insights
5 articlesWhat Family Lawyers Want You to Know About BFAs
Experienced family lawyers share the most common misconceptions and practical advice.
A Therapist's Guide to Financial Conversations Before Marriage
How couples counsellors help partners explore their values around money.
The Behavioural Economics Behind Prenuptial Agreements
What behavioural science tells us about how couples think about risk and fairness.
How Collaborative Law Can Improve the BFA Process
An alternative where mediators, counsellors, and lawyers work together to help couples.
Why Values-Based Discussions Lead to Stronger Agreements
Moving beyond percentages and entitlements to create agreements that reflect what matters.