Prenup / Binding Financial Agreement
Setting out how your assets would be split, prepared properly at a fixed price - with independent legal advice arranged for each of you, because that's the step that actually makes a binding financial agreement binding.
You and your partner have already agreed you want an agreement in place setting out how things would be split if the relationship ends. The part people often miss is that a binding financial agreement (BFA) isn't something you can just sign between yourselves and expect to hold up - it needs to be done properly.
What is a binding financial agreement?
A binding financial agreement is a formal agreement, made under the Family Law Act, that sets out how property, assets and finances would be divided if a marriage or de facto relationship ends. Made before marriage, it's commonly called a prenup; made after you're already married, it's called a postnuptial agreement - legally, they're the same instrument, just signed at a different time. Read more on our prenup template page, or our postnuptial agreement page if you're already married.
Why independent legal advice for each of you matters
Under the Family Law Act, a binding financial agreement doesn't take effect just because you've both signed it. Each person needs to receive independent legal advice, from their own separate lawyer, about how the agreement affects their rights and its advantages and disadvantages, before it becomes binding. Skip that step and the agreement can be set aside later - which defeats the whole point of having one. Arranging that advice for each of you, from an independent family lawyer in our network, is the centrepiece of our full-service option below.
Choose how you'd like this done
Fully prepared, independent advice arranged
Confirmed upfront before you commit
We prepare your binding financial agreement from your circumstances, then arrange independent legal advice for each of you from separate family lawyers in our network - the legal requirement that actually makes your agreement take effect.
Get startedDIY Kit
Template and guide only - independent advice for each of you is still required and not included
Prefer to prepare a draft yourself first? Our DIY Kit gives you the template and a step-by-step guide. It's a starting point only - your agreement has no legal effect until each of you has your own independent legal advice.
See the DIY KitHow this works
Two people, two separate lawyers for the advice step - that's not extra bureaucracy, it's what the law requires.
Tell us your situation
A couple of lines about your circumstances and what you want the agreement to cover is enough to start.
We prepare your agreement
At a fixed price, drafted to reflect your circumstances accurately, with no hourly billing.
Each of you gets independent legal advice
We arrange a separate family lawyer in our network for each of you - this is a legal requirement, not an optional extra.
You sign, once that advice is in hand
Once each of you has received independent advice and is ready to proceed, your agreement is signed and takes effect.
A binding financial agreement, whether it's a prenup or a postnup, is not enforceable on its own. Under the Family Law Act, each person must receive independent legal advice, from their own separate lawyer, about the effect of the agreement on their rights and its advantages and disadvantages, before it can take effect. This applies equally whether you use our full-service option or prepare a draft yourself with our DIY Kit.