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Legal guide · Victoria

What is a binding financial agreement (prenup)?

A BFA — often called a prenup — sets out how assets are divided if a relationship ends. It only works if it’s done properly, with independent advice on both sides.

Family & divorce

A binding financial agreement (BFA) lets couples decide in advance how property and finances are divided if the relationship ends — before, during or after a marriage or de facto relationship. Done properly, it can save enormous cost and stress later.

When it’s worth having

Where there’s a business, significant assets, an inheritance, children from a previous relationship, or one partner brings much more in — a BFA gives certainty.

The strict rules

For a BFA to be binding, each party must get independent legal advice and the agreement must meet strict formal requirements. Skipping these is the main reason agreements are later set aside.

How we help

We draft or review your BFA and provide the independent advice and certificate the law requires. Book a consult and we’ll make sure it holds up.

Common questions

Good to know

Is a prenup legally binding in Australia?

A binding financial agreement can be — but only if each party gets independent legal advice and strict formal requirements are met.

Can a BFA be made after we’re together?

Yes — a BFA can be made before, during or after a marriage or de facto relationship.

General information only — for advice about your situation, see more guides or book a consult with ORLA Legal.

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