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 DO

Building 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.

Before Marriage Or A De Facto Relationship

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.

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During A 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.

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After Separation

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.

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Business Owners & Complex Financial Structures

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.

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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

  • A Binding Financial Agreement is a legally enforceable agreement that allows couples to determine how financial matters will be managed before, during or after a relationship.

  • Yes. Each party must obtain independent legal advice before signing a Binding Financial Agreement. Their lawyer must also provide the required certification confirming that advice has been given.

  • Yes. Binding Financial Agreements can be entered into after separation to formally resolve property and financial matters without asking the Court to determine the outcome.

  • No. A BFA can benefit anyone who wants greater financial certainty. They are commonly used to protect assets, businesses, inheritances or future financial interests regardless of the size of the asset pool.

  • In some circumstances, yes. Agreements that do not comply with legal requirements or involve fraud, undue influence or other recognised legal issues may be challenged. Careful preparation and independent legal advice are essential.

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.