02/06/2026
What is a BFA?
You may have heard people talk about a “pre-nup” in movies, but in Australia, we generally call this a Binding Financial Agreement, or BFA.
A BFA is a private legal agreement between couples that sets out how property, finances, debts, superannuation or financial support may be dealt with if the relationship ends.
A BFA can be made:
Before marriage or moving in together
During a marriage or de facto relationship
After separation or divorce
So yes — a “pre-nup” and a BFA are similar. The main difference is that “pre-nup” is the informal term people commonly use, while Binding Financial Agreement is the legal term used in Australia.
For some couples, a BFA can provide clarity, reduce uncertainty and help protect assets brought into the relationship, inheritances, business interests or family wealth.
However, BFAs are technical legal documents and each person must receive independent legal advice for the agreement to be binding.
At Smart Choice Law, we can help you understand whether a Binding Financial Agreement is suitable for your circumstances.
Talk to us today via the link in bio.