Binding Financial Agreements
Lock In Certainty for Your Future
When it comes to your finances, clarity is everything.
A Binding Financial Agreement (BFA) is a legally enforceable Financial Agreement under the Family Law Act 1975 that sets out how your assets, liabilities, and superannuation will be divided now or in the future.
At Assent, we make the process of creating a Binding Financial Agreement simple, structured, and fully compliant, whether you’re separating, have already divided assets, or planning ahead.
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What Is a Binding Financial Agreement?
A Binding Financial Agreement (sometimes called a BFA, financial agreement or property settlement agreement) is a private contract between you and your former partner that formalises your financial arrangements without going to court.
It can be made:
Before marriage or a de facto relationship (a “prenup”)
During a relationship (to set expectations)
After separation or divorce (to finalise a property settlement)
Once signed and properly executed with independent legal advice for both parties, a Binding Financial Agreement is binding and enforceable, giving you financial security and peace of mind.
When to Use a Financial Agreement
A Binding Financial Agreement can be the right option if you want to:
Finalise your property settlement privately without applying to the court for Consent Orders.
Protect specific assets or inheritances before or during a relationship.
Record an agreed division of assets and liabilities after separation.
Avoid future claims or uncertainty about who gets what.
Unlike Consent Orders, BFAs don’t require court approval, but they must meet strict legal requirements to be valid. That’s where our structured process comes in.
How We Help
At Assent, we coordinate everything to make sure your financial agreement is watertight:
Prepare and outline your financial settlement terms clearly and fairly.
Ensure compliance with the Family Law Act 1975 so the Binding Financial Agreement is legally enforceable.
Provide plain-English explanations so you both understand exactly what you’re signing.
Our goal? To help you reach financial closure with confidence, avoid drawn-out legal battles and keep your costs predictable.
Why Choose Assent
Structured process that leads you from agreement to completion.
Independent legal advice arranged for both parties, Australia-wide.
Transparent pricing so there are no surprises.
Mediation + Agreement services under one roof for complete support.
While traditional lawyer-to-lawyer negotiations can take months (or even years), our pathway helps you reach and document your Binding Financial Agreement efficiently, often finalised within months.
Consent Orders vs Binding Financial Agreements
Both are ways to formalise a property settlement, but the right choice depends on your situation.
Consent Orders
Approved by the Court
Can include parenting and property
No need for ongoing legal advice once approved
Legally binding once sealed by the Court
Consent Orders
Approved by the Court
Can include parenting and property
No need for ongoing legal advice once approved
Legally binding once sealed by the Court
Binding Financial Agreement
Private contract between parties
Covers financial/property matters only
Each party must receive independent legal advice
Legally binding once executed properly
Not sure which option fits your situation?
We’ll help you weigh up the pros and cons and choose the right path, whether that’s a
Financial Agreement or Consent Order.
Consent Orders vs
Binding Financial Agreements
Both are ways to formalise a property settlement, but the right choice depends on your situation.
Consent Orders
Approved by the Court
Can include parenting and property
No need for ongoing legal advice once approved
Legally binding once sealed by the Court
Binding Financial Agreement
Private contract between parties
Covers financial/property matters only
Each party must receive independent legal advice
Legally binding once executed properly
Not sure which option fits your situation?
We’ll help you weigh up the pros and cons and choose the right path, whether that’s a
Financial Agreement or Consent Order.
Ready to Finalise Your Financial Agreement?
If you’re ready to move forward with clarity and confidence, Assent can help you prepare, review, and finalise your Binding Financial Agreement from start to finish.