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    We picked the most highly specialised and talented lawyers

    Our family lawyers have extensive experience in all aspects of family law and understand how to get you what you need. We won’t leave your side throughout the entire process, giving you guidance while always acting in your best interests.

    Stuart Robertson

    Associate Director

    Daniel Rod

    Special Counsel

    Tim Russell

    Senior Associate

    Anthony Quinn

    Associate

    Zoe Hayes

    Lawyer

    Vision Lewis

    Senior Paralegal

    Our process

    01Tailoring the right agreement for you

    Whether you're entering a relationship, already in one, or separating, we help you choose the appropriate type of Binding Financial Agreement under the Family Law Act.

    02Ensuring full financial disclosure

    We guide both parties through the disclosure process, ensuring transparency and compliance. This step is critical to the agreement’s validity, and we make it seamless.

    03Drafting a legally sound agreement

    Our experienced family lawyers draft your agreement with clarity and precision, covering asset division, liabilities, and future financial arrangements.

    04Providing independent legal advice

    We ensure both parties receive independent legal advice, as required by law. We explain the implications of the agreement and confirm that it serves your best interests.

    05Finalising & securing your agreement

    Once signed and exchanged, we store your agreement securely and advise you on how to enforce or vary it if needed. We’re here for the long haul.

    Our services

    01 Pre-Marriage Agreements (Prenuptial)

    Why Consider a Prenup?

    Planning for the future doesn’t mean expecting the worst, it means protecting what matters most. At Chamberlains, we help couples entering marriage or de facto relationships create Binding Financial Agreements that clearly outline how assets, debts, and financial resources will be managed if the relationship ends. These agreements can also address spousal maintenance and financial responsibilities during the relationship.

    Who Benefits Most

    Pre-marriage agreements are especially valuable for individuals with significant personal or family wealth, business interests, or children from previous relationships. We ensure your agreement is legally sound, tailored to your circumstances, and designed to provide clarity and peace of mind from the outset, so you can enter your relationship with confidence and transparency.

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    Avoiding Court After Separation

    When a relationship ends, a Binding Financial Agreement can help you avoid lengthy and costly court proceedings by privately resolving financial matters. At Chamberlains, we assist clients in drafting post-separation BFAs that cover property division, financial support, and debt allocation, often in conjunction with parenting arrangements.

    Protecting Your Interests

    We take the time to understand your financial and personal circumstances, ensuring the agreement reflects your contributions, future needs, and any caregiving responsibilities. Our lawyers guide you through the negotiation process and ensure the final agreement meets all legal requirements for enforceability, giving you a clear path forward.

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    Safeguarding What You’ve Built

    Binding Financial Agreements are a powerful tool for shielding assets against future claims. Whether you’re entering a new relationship, managing a blended family, or protecting business interests, we help you structure agreements that preserve your financial security and reduce future risk.

    Strategic Collaboration

    We work closely with financial advisors, accountants, and estate planners to ensure your agreement aligns with your broader financial strategy. This includes protecting inheritances, trust interests, and business equity, while ensuring compliance with the Family Law Act and relevant tax considerations.

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    Getting It Right the First Time

    A Binding Financial Agreement is only effective if it’s properly drafted, reviewed, and executed. At Chamberlains, we provide meticulous legal drafting services and offer independent legal advice to ensure your agreement is enforceable and reflects your intentions. We also ensure both parties receive proper legal counsel, which is a legal requirement for validity.

    Reviewing Existing Agreements

    We also review existing agreements, whether you’re updating terms due to life changes, responding to a dispute, or simply seeking peace of mind. Our lawyers explain every clause in plain language, flag potential risks, and recommend updates where necessary to keep your agreement relevant and robust.

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    When Disputes Arise

    Disputes over Binding Financial Agreements can arise due to issues like inadequate financial disclosure, coercion, unfair terms, or failure to obtain proper legal advice. Whether you’re seeking to enforce an agreement or challenge its validity, Chamberlains provides strategic advice and strong representation.

    Protecting Your Rights

    We assess the legal standing of your agreement, gather supporting evidence, and advocate for your interests in negotiations or court proceedings. Our team is experienced in handling complex disputes and will work to ensure that your rights are protected and that any agreement reflects fairness and legal integrity.

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    Finalising Financial Matters

    Finalising financial matters after divorce doesn’t always require court intervention. We help clients create post-divorce Binding Financial Agreements that settle property and financial issues with clarity and finality. These agreements can also include provisions for spousal maintenance and future financial arrangements.

    Flexible & Private Solutions

    These agreements offer flexibility, privacy, and control, allowing you to move forward without ongoing legal entanglements. We ensure your agreement complies with the Family Law Act, is properly executed, and reflects your post-divorce goals. Our team also assists in registering agreements with the court if needed, adding an extra layer of enforceability.

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    Why Choose Chamberlains for Binding Financial Agreements

    Binding Financial Agreements (BFAs) offer clarity, protection, and peace of mind in relationships and separations. At Chamberlains, we help individuals and couples create, review, and enforce BFAs that reflect their financial realities and future goals. Whether you’re entering a relationship, separating, or finalising a divorce, we ensure your agreement is legally robust and tailored to your needs.

    We understand that these agreements are deeply personal. Our approach is respectful, strategic, and focused on long-term security.

    Things You Need to Know

    We’ll help you understand the legal implications and make informed decisions that protect your interests.

    • Legal Advice Is Mandatory: Both parties must receive independent legal advice for the agreement to be valid.
    • Timing Matters: BFAs can be made before, during, or after a relationship or marriage.
    • Scope of Agreements: BFAs can cover property division, spousal maintenance, and financial responsibilities.
    • Challenging Agreements: BFAs can be set aside if entered under duress, without disclosure, or without proper advice.
    • Registration: While not required, some agreements can be registered with the court or Services Australia for added enforceability.

    Tailored Agreements for Every Stage

    Our services include:

    • Prenuptial and postnuptial agreements
    • Post-separation and divorce-related BFAs
    • Asset protection planning
    • Drafting and reviewing agreements
    • Enforcing or challenging BFAs
    • Varying or terminating agreements

    We work closely with financial advisors and estate planners to ensure your agreement aligns with your broader financial strategy. Whether you’re protecting business assets or securing future stability, we’ll help you structure an agreement that lasts.

    Learn More About Binding Financial Agreements

    Want to dive deeper into how BFAs work and whether they’re right for you? Read our detailed article on Binding Financial Agreements here. It covers key considerations, common misconceptions, and practical tips for making informed decisions.

    Take Your Next Step With Experts Who Care

    If you’re considering a Binding Financial Agreement, timing and precision are key. At Chamberlains, we offer thoughtful, strategic advice to help you protect what matters most. Contact us today for a confidential consultation, we’ll help you take control of your financial future with clarity and confidence.

     

    Call us at +61 2 9264 9111
    Email us at hello@chamberlains.com.au

     

    FAQ

    01What is a Binding Financial Agreement and when can it be made?

    A Binding Financial Agreement (BFA) is a legally enforceable contract between two people in a relationship, either married or de facto, that outlines how finances, property, and spousal maintenance will be handled if the relationship ends. BFAs can be made before, during, or after the relationship, including after separation or divorce.

    Yes. Under Australian family law, both parties must receive independent legal advice from a qualified lawyer before signing a BFA. This advice must cover the effect of the agreement and the advantages and disadvantages of entering into it. Without this step, the agreement may not be enforceable.

    Yes, BFAs can include child support provisions, but they must comply with the requirements of the Child Support (Assessment) Act. In many cases, a separate Binding Child Support Agreement may be more appropriate. We can help you decide which option best suits your family’s needs.

    While BFAs are designed to be final and binding, they can be challenged in court under certain circumstances, such as if one party didn’t disclose assets, was pressured into signing, or didn’t receive proper legal advice. We can assess the strength of your agreement and advise on your options.

    BFAs offer clarity, certainty, and protection. They allow couples to agree on financial matters privately, without relying on court intervention. This can reduce stress, legal costs, and future disputes, especially in complex financial situations or blended families.

    A Binding Financial Agreement is a private contract between parties that doesn’t require court approval, whereas a Consent Order is a formal agreement approved by the Family Court. Both can deal with property and financial matters, but BFAs offer more flexibility and privacy. However, Consent Orders may be preferred when parties want the added authority of a court order.

    Yes, BFAs can include clauses that anticipate future events, such as changes in income, the birth of children, or the sale of assets. However, it’s important to draft these provisions carefully to ensure they remain enforceable. We help clients build in flexibility while maintaining legal certainty.

    Absolutely. BFAs are available to both married and de facto couples under the Family Law Act. They’re especially useful for de facto partners who want to clarify financial arrangements without going through court proceedings in the event of separation.

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    hello@chamberlains.com.au