Financial peace of mind isn’t luck; it’s planning.
Binding Financial Agreements tailored to your circumstances; not one-size-fits-all templates.
A Binding Financial Agreement (BFA) is a legally enforceable document that sets out how assets, liabilities, and financial resources will be handled if a relationship breaks down. Whether you are entering a relationship, already living together, or going through a separation, a properly executed BFA provides financial certainty and protects what matters to you.
What we help with
An overview of Binding Financial Agreements services we offer
BFAs are available to married couples, de facto couples, and those entering new relationships. For a BFA to be binding, both parties must receive independent legal advice from separate lawyers before signing. Griffiths Parry Lawyers is one of a few firms on the Coast that can draft enforceable tailored BFAs that meet the requirements of he Family Law Act and also provide the independent advice when we have not drafted the documents.
Pre-nuptial (Pre-nup) Agreements
Pre-nups (or pre-relationship) Agreements are for those entering a marriage or de facto relationship who want to protect existing assets, a business, or an inheritance before the relationship begins.
De facto relationship Agreements
For couples living together who want to formally establish how their finances will be handled if they separate, without going through the Court system.
Post-nuptial agreements (during the relationship)
For couples already married or in a de facto relationship who want to establish or update their financial arrangements without waiting for a dispute to arise.
Separation financial agreements
For couples who have separated and want to reach a legally binding financial Settlement without applying to Court for Consent Orders. A BFA can be an efficient way to formalise an agreed outcome.
Independent legal advice
For a BFA to be valid, each party must receive independent legal advice from a separate lawyer. When we draft the Agreement, we act for one party and can recommend independent counsel for the other to engage and be given advice about the Agreement.
Review of existing Agreements
If you have an existing BFA, we can review it for validity and advise on whether it remains appropriate given your current circumstances, which may have changed since your Agreement was completed.
ACCOLADES
Why clients choose us
MEET THE TEAM
You'll be in capable hands
Our process and approach
We walk you through every step of the way
Pricing and transparency
Find the right agreement for your stage
Binding Financial Agreements (BFAs) protect your assets and provide clarity at every relationship stage. Compare our comprehensive service packages to find the right fit for your needs.
Pre-nup
RECOMMENDED
During / After Separation
What's included
Advice Only
Full Service
Gold Standard
Advice Only
Full Service
Getting started
Initial consultation and scoping
Confidential meeting to confirm a BFA is the right instrument.
Conflict check and engagement
Engagement letter, scope of work, and fee in writing.
Building the agreement
Review of financial disclosure
Assets, liabilities, super, business interests.
Independent advice on legal effect
Plain-English explanation of how the Agreement affects your rights.
Drafting of the Agreement
We prepare the Agreement, tailored to your circumstances.
Negotiation with the other party's solicitor
Working through proposed amendments to the final draft.
Review of revisions and counter-drafts
Each version reviewed for legal effect and risk.
Finalising the Agreement
Statement of independent legal advice
The certificate that gives the Agreement its binding effect.
Execution and witnessing
Formal signing in our Sunshine Coast office.
Plain-English summary letter
A short letter recording our advice; one for you, one on file.
Estate planning · Add-ons
Fixed fee range
$5,500 – $7,000
$8,000 – $12,000
from $11,783
$3,500 – $4,500
$6,500 – $7,500
Every Binding Financial Agreement is bespoke, not a template. Final fees depend on the complexity of the Agreement and the status of the relationship: whether it is entered before the relationship is formalised, during the relationship, or after separation. We confirm a specific fee in writing once we understand your circumstances. All prices are inclusive of GST.
Frequently asked questions (FAQs)
All your curiosities about BFAs answered
Are Binding Financial Agreements enforceable in Court?
A BFA is binding and enforceable if it meets the requirements of the Family Law Act, including that both parties received independent legal advice before signing. Courts can set aside BFAs that do not meet these requirements or were entered into under duress, with inadequate disclosure, or through unconscionable conduct.
Do we both need separate lawyers?
Yes. For a BFA to be valid, each person must receive independent legal advice before signing and it cannot be from the same lawyer.
Can a BFA be changed or set aside later?
Yes. A BFA can be varied or terminated by a new agreement signed by both parties. A Court can also set aside a BFA in certain circumstances, for example, where it would cause hardship, was signed under duress, or where there has been a significant change in circumstances such as the birth of a child.
What if we do not have a BFA and we separate?
Without a BFA, property division is determined under the Family Law Act. Entering into a BFA post separation, gives you the opportunity of by-passing the Courts all together which can be a quicker pathway to settlement and more cost effective.
CONTACT US
Financial certainty starts with proper legal advice.
Talk to us about whether a Binding Financial Agreement is right for your circumstances.
Find the right agreement for your stage
Binding Financial Agreements (BFAs) protect your assets and provide clarity at every relationship stage. Compare our comprehensive service packages to find the right fit for your needs.
Independent Legal Advice
BETWEEN
AUD
3,500
-
7,000
- Review Agreement written by another lawyer
- Provide independent legal advice to one party
- Inclusive of GST
Binding Financial Agreement
BETWEEN
AUD
6,500
-
12,000
- Drafting of Agreement
- Provide independent legal advice to one party
- Inclusive of GST
Independent Legal Advice
BETWEEN
$
6,500
-
12,000
- Drafting of Agreement
- Provide independent legal advice to one party
- Inclusive of GST
Independent Legal Advice
BETWEEN
$
6,500
-
12,000
- Drafting of Agreement
- Provide independent legal advice to one party
- Inclusive of GST
Independent Legal Advice
BETWEEN
$
6,500
-
12,000
- Drafting of Agreement
- Provide independent legal advice to one party
- Inclusive of GST
Independent Legal Advice
BETWEEN
$
6,500
-
12,000
- Drafting of Agreement
- Provide independent legal advice to one party
- Inclusive of GST