Certainty Today. Confidence Tomorrow.
Binding Financial Agreements provide clarity, protect financial interests and help couples make informed decisions before, during or after a relationship.
Planning Ahead Doesn't Mean Planning For Failure.
Discussing finances isn't always easy, but uncertainty is often far more difficult to manage than an honest conversation.
A Binding Financial Agreement (BFA) allows couples to formally record how financial matters will be managed if their relationship changes in the future. While many people associate BFAs with relationships before marriage, they can also be entered into during a relationship or after separation to resolve financial matters without court intervention.
Whether you're protecting assets you've accumulated over many years, preserving family wealth, safeguarding a business or simply seeking greater certainty, a carefully prepared BFA can provide confidence for both parties while reducing the likelihood of future disputes.
At THAMS Law Group, we prepare Binding Financial Agreements that are tailored to each client's circumstances and comply with the legal requirements necessary for enforceability.
WHAT WE DOBuilding Agreements Around Your Future
A Binding Financial Agreement should do more than protect assets. It should provide clarity, reduce uncertainty and support confident decision-making throughout every stage of a relationship.
Every couple's financial circumstances are different. Some are bringing assets into a new relationship, others are building businesses together, while many simply want certainty about how financial matters would be managed if circumstances change.
Our role is to understand your objectives before preparing an agreement that reflects your individual circumstances. We provide independent legal advice, explain the legal implications of the agreement and ensure every BFA is prepared with care, precision and long-term certainty in mind.
Many couples choose to enter into a BFA before commencing married or de facto life together. These agreements can protect assets, investments, inheritances and business interests while providing both parties with financial certainty from the outset.
Before Marriage Or A De Facto Relationship
Financial circumstances often evolve over time. Purchasing property, starting a business, receiving an inheritance or growing family wealth may prompt couples to formalise financial arrangements during their relationship through a Binding Financial Agreement.
During A Relationship
A BFA can also be used after separation to formally resolve financial matters without asking the Court to determine how property should be divided. For many couples, this provides a practical and efficient pathway towards finalising financial arrangements.
After Separation
Business interests, family trusts, investment portfolios and significant assets often require more sophisticated financial planning. We prepare agreements that recognise these complexities while helping clients protect both personal and commercial interests.
Business Owners & Complex Financial Structures
Helping You Protect More Than Your Assets
The strongest agreements provide certainty for both parties while helping preserve relationships, reduce future conflict and avoid unnecessary legal costs.
A Binding Financial Agreement is not simply about protecting wealth. It is about creating transparency, setting expectations and giving both parties confidence about how financial matters will be managed if circumstances change.
Because every BFA must comply with strict legal requirements, obtaining independent legal advice is essential. Our team ensures clients understand the agreement, the legal consequences of entering into it and whether it appropriately reflects their objectives before it is signed.
Where appropriate, we also advise on how a BFA may interact with property settlement, estate planning and broader family law matters to ensure your financial arrangements work together.
FAQs
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Complex property settlements often involve businesses, family trusts, self-managed superannuation funds, investment portfolios, overseas assets or significant property holdings that require specialist legal and financial advice.
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Yes. Depending on the circumstances, business interests may form part of the property pool and require independent valuation before settlement negotiations can proceed.
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Every trust is different. The way a trust is structured, controlled and used throughout the relationship can significantly affect how it is considered during a property settlement.
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Overseas assets can often be taken into account during Australian family law proceedings. Early legal advice is important to understand how international property may affect your matter.
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Yes. Where appropriate, we work alongside forensic accountants, business valuers and other financial experts to ensure complex financial matters are properly assessed and presented.
Protect Your Assets With Care
When significant assets, business interests or international property are involved, obtaining experienced legal advice early can make a substantial difference to the outcome.
Contact THAMS Law Group to arrange a confidential consultation and receive practical advice tailored to your financial circumstances.