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Protecting Your Future – Understanding Financial Agreements in Relationships

Why Financial Agreements Matter

Relationships are built on trust, love, and shared experiences, but when it comes to financial security, it’s just as important to plan ahead. Many couples hesitate to discuss financial agreements, thinking it’s unromantic or pessimistic. In reality, having a clear plan in place before or during a relationship can actually protect both parties and prevent unnecessary disputes if the relationship ends.

What Are Binding Financial Agreements (BFAs)?

Financial Agreements, commonly known as Binding Financial Agreements (BFAs) or prenups, allow couples to decide in advance how their assets and financial matters will be handled, offering certainty and peace of mind.

These agreements are recognised under the Family Law Act 1975 and can be entered into before, during, or even after a relationship ends. They are commonly used by people who have substantial assets, own businesses, or want to protect their financial interests, particularly if they have children from a previous relationship.

Who Can Benefit from a BFA?

  arrow Couples with significant assets

  arrow Business owners seeking asset protection

  arrow Individuals with children from previous relationships

  arrow Anyone wanting financial clarity in their relationship

Key Aspects Covered in a Financial Agreement

A well-drafted Financial Agreement can cover all aspects of a couple’s financial affairs, including:

arrow Property Division – How assets will be distributed

arrow Superannuation – Addressing retirement savings

arrow Spousal Maintenance – Financial support post-separation

arrow Debt Responsibilities – Clarifying financial obligations

Legal Requirements for a Binding Agreement

BFAs are only effective if they are legally binding. Each party must receive independent legal advice before signing, covering:

arrow The agreement’s legal effect     

arrow Impact on their rights

arrow Whether it serves their best interests

When Can a BFA Be Challenged?

Despite their benefits, Financial Agreements are not immune to legal challenges. Courts can set aside an agreement if:

arrow Fraud – One party failed to disclose assets (e.g., Barlow & Barlow [2024])

  arrow Unfair Terms – Agreements overwhelmingly favouring one party (e.g., Ridgeway & Ridgeway [2024])

  arrow Duress – Signed under pressure or undue influence (e.g., Nguyen & Tran [2024])

Why Regularly Updating a BFA is Important

BFAs should be reviewed and updated when significant life changes occur, such as:

arrow Having children

arrow Receiving an inheritance

arrow Major health changes

Get Expert Legal Advice on Financial Agreements

At Jameson Law, we understand that discussing financial agreements can be sensitive. However, taking the time to establish clear financial expectations can prevent legal battles and financial uncertainty.

Whether you are entering a new relationship, planning a marriage, or protecting assets post-separation, our experienced family lawyers will ensure your agreement is fair, legally binding, and tailored to your situation.

Contact Us Today

If you’re considering a Financial Agreement, now is the time to get it right. Contact our team for expert legal guidance and safeguard your financial future.