Whether you are entering a new relationship, separating, or finalising a settlement, the right financial agreements provide certainty and protect what you have built.
A Binding Financial Agreement (BFA) is a legally enforceable contract setting out how assets and financial resources will be divided if a relationship ends. BFAs can be entered before a relationship begins, during a relationship, or after separation.
To be binding, strict legal requirements must be met, including that both parties received independent legal advice before signing. Poorly drafted BFAs are routinely challenged and set aside. We prepare BFAs that are precise, thorough, and built to withstand scrutiny.
Consent orders are court-approved agreements formalising a financial settlement. They carry a layer of judicial oversight that BFAs do not. They are the most common way to finalise a property settlement and provide strong legal certainty for both parties.
We prepare and file consent orders on your behalf, ensuring terms are precisely drafted, legally compliant, and genuinely final.
The period between separation and settlement is a time of genuine financial risk. Assets can be moved, transferred to third parties, or deliberately diminished before a settlement is reached.
We advise on urgent protective measures, including injunctions, asset preservation orders, and early disclosure applications. If you have concerns about assets being hidden or dissipated, contact us as soon as possible.
Where significant assets, business interests, or children from previous relationships are involved, a well-drafted BFA provides clarity from the outset.
Many clients feel uncertain about raising this with a new partner. We handle these conversations and documents with sensitivity, practicality, and discretion.
Business interests and family trusts add significant complexity to financial agreements and property settlements. These structures affect how assets are valued, what falls within the asset pool, and what protective mechanisms are available.
We advise on these matters regularly and work with financial and business experts where specialist input adds value.
Consent orders are approved by the Court, which checks that the outcome is just and equitable. A binding financial agreement is a private contract – no court involvement and no fairness check, but far more flexibility in what you can agree. A BFA is only valid if both parties received independent legal advice. Village Family Lawyers prepares both.
The advantage is control – you decide the terms, privately, without a court testing whether they are fair. The disadvantage is the same thing: no fairness check means a poorly drafted agreement can be set aside years later for duress, non-disclosure or defective advice. Our LIV Accredited Family Law Specialists draft them.
Not automatically. An inheritance received during the relationship is usually treated as a contribution by the person who received it, not quarantined from the asset pool. Timing, size, and whether it was spent jointly all matter. One received after separation is treated differently. We advise on protecting it in advance.
Act before there is a dispute. A binding financial agreement, clean corporate and trust structures, documented shareholder arrangements and separated personal and business finances all help. Once separation happens, the business is valued and forms part of the asset pool regardless. Village Family Lawyers advises business owners across Victoria.
Here is what to expect when you book with Village Family Lawyers in Mount Eliza or Malvern.
Use our online booking form or call 1300 413 997. Choose in person at Mount Eliza or Malvern, or secure phone or video.
A calm, guided conversation in plain English. Your lawyer will listen to your situation and explain your rights and options clearly.
You leave with practical next steps tailored to your situation, protecting your family, your finances, and your future.
Mornington Peninsula and Bayside clients
Melbourne inner east and citywide clients
Discovery Calls are made over the telephone and all other consultations are available via a secure online video call.
All consultations available in person or by phone and secure video. Three ways to connect:
Not sure yet? Book a free 15-minute Discovery Call.
Free
15 min
Initial Consultation
90 min
Pre-mediation conference
90 min
The term prenuptial agreement is not used in Australian law. The equivalent is a Binding Financial Agreement entered before marriage or the start of a de facto relationship. It serves the same purpose but must comply with specific Australian legislative requirements to be enforceable.
Yes. A BFA can be set aside where a party did not receive independent legal advice before signing, where it was entered under duress, where there was a failure to disclose material information, or where circumstances have changed significantly. The quality of the original preparation and advice is critical.
Consent orders are filed with the court, which checks for fairness and legal compliance. BFAs are private contracts and do not require court involvement but must strictly comply with legislative requirements. We advise on which approach is more appropriate for your situation.
This requires prompt strategic advice. Independent valuation early, ensuring proper disclosure, structuring negotiations to preserve business viability, and precise settlement documentation. We advise business owners on this regularly.
Whether you are planning ahead or navigating separation now, the right financial agreements protect you and the people you care about.
