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Category: Binding Financial Agreements
How to make your family law financial agreement legally binding
A family law financial agreement, often called a Binding Financial Agreement or BFA, is only enforceable if it strictly complies with Australian law. This article explains how to make a family law financial agreement legally binding, including when it can be used, the legal requirements, common mistakes, and when agreements can be set aside by a court.
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Can a Family Court order be changed without going to court?
In Australia, some Family Court orders can be varied informally or through administrative processes, while others require either agreement between the parties or a fresh court application. This article explains the options, the limits and when legal advice is important to avoid breaching an existing court order.
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Pets and companion animals in family law - major changes from June 2025
From June 2025, Australian family law changed the way courts in most jurisdictions deal with family pets in property settlement. Pets are no longer treated as just another piece of property. Instead, they are recognised as “companion animals” – a special category with rules that reflect their role in family life.
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Can a Binding Financial Agreement be overturned?
A Binding Financial Agreement is a legal contract that sets out how a couple’s assets, liabilities, superannuation entitlements and financial resources will be divided if they separate or divorce. While a BFA is generally binding, there are some circumstances where it can be challenged or overturned by a court.
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Understanding litigation guardians (or case guardians) in family law
Sometimes, people involved in a family law matter may be unable to represent themselves due to age, incapacity or disability. In these circumstances, a litigation guardian (or often referred to as a case guardian) may be appointed.
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Guide to Arbitration in Australian Family Law
While many people assume that court is the only way to resolve family law disputes, arbitration is another option and increasingly becoming more popular.
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Pre-action procedures before commencing proceedings in the Family Court
Before you can take your family law dispute to court, you must fulfil certain “pre-action procedures” to show the courts you have made a genuine effort to resolve your dispute before commencing proceedings.
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Can I secretly record my ex for family law proceedings?
If your communications with the other side start to get messy or out of control, sometimes there is panic and people can be tempted to covertly and secretly record conversations. It’s important to know that there are legal limitations as to whether those recordings can or will be considered in Court and whether they were legally taken at all.
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Can I claim more after finalising property settlement?
When a property settlement has been finalised after separation, the parties’ financial relationship ends on a full and final basis. However, there are some instances where the Court may set aside a property settlement in order to re-assess and possibly vary the outcome.
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Are verbal agreements binding in family law matters?
At the time of separation, parties can often “reach agreement” verbally on a number of family law issues. But what if one party changes their mind as time passes? Is that original verbal agreement binding or should it be formalised?
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Divorce is only one part of finalising separation from your partner
To finalise separation from your partner, there are a number of issues that should be considered and addressed over and above obtaining a Divorce Order (if you were married) or simply moving on with your life if you were in a de facto relationship.
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Can I Sign a Financial Agreement Shortly Before Getting Married?
Financial Agreements signed on the “way to the church” run the risk of the financially weaker spouse arguing at a later date they were pressured into signing the financial agreement, or else the wedding would not proceed. The agreement would then be subsequently declared invalid.
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