Binding Financial Agreement Lawyers Melbourne
Our Melbourne family law specialists can assist you in drafting legally binding financial agreements during a relationship or after one ends.
Comprehensive Financial Agreements
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Comprehensive Binding Financial Agreements (Prenup & Postnup)
A binding financial agreement made under the Family Law Act, is a relationship law agreement entered into by couples intending to get married or start a de facto relationship, as well as those who would like an alternative to consent orders after a relationship ends.
These agreements determine how assets, debt and financial resources are divided if the marriage or relationship ends. If the relationship has already ended, they can be used in place of consent orders or to finalise private child support agreements.
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What Is A Financial Agreement Used For In Family Law?
Binding Financial Agreements (often referred to as ‘prenuptial agreements’, ‘prenups’ or ‘BFAs’) are designed to protect parties' property rights if a relationship ends. They can often save the stress and expense of lengthy court proceedings.
They can also be made during a relationship or when one ends in place of financial consent orders. At Testart Family Lawyers, we handle all areas of family law about Binding Financial Agreements, whether they are entered into before (a ‘prenup’), during, or after the relationship. It is important to note that Binding Financial Agreements must meet strict requirements to be legally enforceable.
For more detailed information review our guide on Binding Financial Agreement requirements and risks.
Need Help With A Binding Financial Agreement? (Pre Nuptial Agreements & Post Nuptial Agreements)
The end of a relationship or marriage is often an incredibly difficult time, especially if there are disputes over the division of property or finances, especially if those disputes lead to court. Correctly preparing a binding financial agreement before, during or after a relationship can be a cost-effective, easy way to minimise that stress by avoiding court and resolving those disputes before they start.
We aim to give you peace of mind so that you can move forward in your life with confidence and clarity without the worry and stress of going to court to settle your family law property matters.

"The commercial attraction of a financial agreement is certainty. The better view is that a financial agreement is worth making where the asset position genuinely justifies it, and worth making properly when it is made at all."
Marc Testart - Principal, Testart Family Lawyers
Areas of Practice
Our team can help you with all financial agreements related to family and relationship law, ensuring they suit your personal circumstances and precisely reflect the way you would like to divide property.

Family Law
Divorce

Children & Custody
Separation Lawyers
Property Settlement

Family Violence
Intervention Orders
Same Sex Divorce
Compassionate Expertise & Exceptional Advice
Our dedicated family law team offers the empathetic support and expert knowledge needed to navigate financial agreements and relationship law. We ensure your agreements are managed smoothly and effectively.
You can trust our team to guide you through this process with clarity and professionalism. We're committed to helping you make informed decisions prioritising your and your family's best interests.
Create A Binding Financial Agreement With Testart
Your wellbeing remains our first priority, from your first consultation to final resolution. Reach out to Testart Family Lawyers today for a complimentary appointment and discuss whether a financial agreement will be right for you.
Step 1: Book a Free Introductory Session
Simply call us to arrange your free introductory session. During this meeting, we’ll sit down with you to get to know your circumstances and discuss how a binding financial agreement could help you.
Step 2: Book a Strategy Session
Sit down with one of our expert family lawyers and we’ll design a specific case plan tailored to your individual needs.
Step 3: Engage Us As Your Guide
We provide an assessment of your legal position and a clear strategy to move forward.
Book a Free Introductory Session
Address
Level 3/489 Toorak Road
Toorak VIC 3142
Open Hours - By Appointment
Monday-Friday: 9am-5pm
Weekends: Closed
What Our Clients Have To Say
Frequently Asked Questions
What is our process for creating financial agreements?
Our process is designed to make preparing your binding financial agreement as easy as possible to save you significant time and money:
- We start with initial advice. Your first consultation is free; just call us to arrange yours. We’ll take your instructions, identify what you are seeking to protect, and advise whether a binding financial agreement is the right instrument or whether something else would serve you better. This usually takes one to two weeks.
- Next, both parties exchange financial disclosure. You and your partner each provide documented disclosure of your assets, liabilities, income and superannuation. We keep a record of what was exchanged, because a failure to disclose is one of the grounds on which a court can set an agreement aside. Allow two to four weeks.
- We then work out your entitlements without an agreement. Before anything is drafted, we identify what you would be entitled to under the Family Law Act if there were no agreement in place. This is the benchmark you need in order to understand what you are agreeing to, and it is the step most often skipped. This takes one to two weeks.
- Once you give us the go-ahead, we draft and negotiate the agreement. We prepare a draft and exchange it with your partner’s lawyer. Expect at least two rounds of changes and allow three to six weeks.
- Finally, the agreement is signed. Each party receives formal written advice from their own lawyer before signing. Each lawyer signs a statement confirming that advice was given, the statements are exchanged, and the agreement is executed. This takes one to two weeks.
What can binding financial agreements be used for?
A binding financial agreement (BFA) can outline the division of assets, financial resources, and liabilities between parties in a relationship if they choose to go their separate ways. It can be made before, during, or after a relationship, including de facto relationships, to avoid disputes in the event of separation. BFAs provide certainty and legal protection for both parties.
Are BFAs always legally enforceable?
No, binding financial agreements are not always enforceable in court. There have been many cases where they’ve been disregarded when they don’t comply with relevant laws and guidelines or when either party has not received legal advice. To avoid this happening:
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Both parties must get legal advice before signing the binding financial agreement.
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The binding financial agreement must meet all relevant requirements.
It’s generally best to have an expert in family law prepare your binding financial agreement. That way, you can be sure that if there is a dispute when your relationship ends, your binding financial agreement will function as it should and protect your assets.
Testart Family Lawyers have extensive experience and expertise in family law, and we’ve created hundreds of binding financial agreements.
We’ll guide you through the entire process and ensure your binding financial agreement protects you as it should.
Why is it so important for both parties to obtain independent legal advice before signing a prenuptial or postnuptial financial agreement?
It's vital for both parties to obtain legal advice independently, not just so they fully understand their rights and obligations and can make informed decisions, but also because a financial agreement can be voided if both parties do not do this. Unless a financial agreement complies with certain requirements, it will be unlikely to stand up in court if challenged.
It helps identify potential issues, ensures the agreement is fair and can prevent future disputes. This legal guidance is crucial for maintaining transparency and protecting each party's interests in a prenuptial or postnuptial agreement.
What is full and frank disclosure?
Full and frank disclosure involves both parties transparently sharing all relevant financial information. This ensures the financial agreement is based on complete and accurate data, fostering fairness and preventing future disputes. Independent advice is essential to this process.
Can a binding financial agreement be overturned in court?
Yes, a binding financial agreement can be overturned in court if it doesn't comply with legal guidelines. Factors such as lack of full disclosure, coercion, or unconscionable conduct can lead to a court setting aside the agreement. Consulting independent legal advice is crucial to avoid such situations.
Does an agreement have to be fair?
There is no statutory fairness requirement, and an agreement may lawfully be one-sided. But substantive unfairness is practically relevant: an agreement that leaves one party with nothing attracts scrutiny and is more vulnerable to challenge on unconscionability or undue influence than one making reasonable provision.
What's the difference between a consent order and a binding financial agreement?
A consent order is a legally binding agreement approved by the court, settling financial arrangements after separation. It requires court approval. A binding financial agreement is a private contract between parties outlining financial arrangements, not requiring court approval unless challenged. Both serve to formalise financial arrangements but differ in legal process and enforceability.
Do I need a binding financial agreement lawyer, or can I draft the agreement myself?
If you enter a binding financial agreement, you need a Melbourne prenup lawyer to ensure that the document is correctly prepared and includes all relevant details. Contact Testart for expert advice and help prepare your prenup.
What drives the cost of a binding financial agreement?
- The complexity of the asset structure – a company, a trust or a self-managed fund adds work at every stage.
- Whether valuations are required to make the entitlement analysis meaningful.
- How many rounds of negotiation the other side’s practitioner requires.
- Whether disclosure is provided promptly or has to be pursued.
We provide written costs disclosure before we act, and we will tell you at the outset if we think the likely legal cost is disproportionate to what you are trying to achieve.
How does a binding financial agreement work if we break up and need to sort out parenting arrangements and property settlement?
If a couple breaks up, a binding financial agreement provides a clear path to resolving property settlement and spousal maintenance. However, it doesn't cover parenting arrangements, which must be addressed separately. The property agreement must be drafted carefully to reflect the parties' financial circumstances during the breakup.
How do BFAs differ from consent orders?
Binding financial agreements are private contracts that do not require court approval, while the court approves consent orders and can cover financial and parenting arrangements. BFAs can be more flexible and tailored to complex agreement depending on individual circumstances, whereas consent orders offer a formal and enforceable resolution.
What is a termination agreement for a BFA?
A termination agreement for a BFA is a complex agreement that nullifies the original binding financial agreement. It must be drafted carefully and signed by both parties, with each receiving independent legal advice. A certificate confirming this advice is required to ensure both parties understand the implications.
What are a few of the advantages and disadvantages of BFAs?
Advantages:
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Provide a clear path for property settlement and spousal maintenance.
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Can be tailored to the parties' specific financial circumstances.
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Do not require court approval, offering flexibility for simple or complex agreements.
Disadvantages:
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Must be drafted carefully and involve independent legal advice, which can be costly.
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Cannot cover parenting arrangements, requiring separate agreements.
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If not drafted correctly, they may be challenged or deemed unenforceable.
BFAs are beneficial for outlining financial matters but require careful consideration and legal guidance to ensure they are fair and effective.
