If you are particularly worried about the protection/division of your personal property in the event of final separation, a Financial Agreement offers the best source of legal protection currently available under the Family Law Act 1975.
Understanding Financial Agreements in Australia
Frequently Asked Questions
What is a Financial Agreement in Australian Family Law?
A Binding Financial Agreement (or more commonly referred to as “BFAs/Prenups”) is a formal written contract between two people that sets out how their finances will be handled if their relationship comes to an end. It can be created before, during, or after a marriage or de facto partnership, giving couples the flexibility to customise the terms to suit their individual situation.
Why Enter a Financial Agreement in Australia
There are several reasons why you may choose to enter a financial agreement. Typically, the following people will look to enter one:
- – Couples looking to protect their assets, both current and future. For example, if one party of the de facto relationship has more assets than the other partner, then signing an agreement will prevent any disputes if the relationship breaks down.
- – Individuals entering a new de facto relationship or marriage who have children from a previous relationship might look to sign a cohabitation agreement to protect their children financially in the long run. These agreements can include information regarding child support.
- – A person or party who is entitled to an inheritance at a later stage in life, or if one party operates a family business or is part of a family business that needs protecting.
Parties can also benefit from stamp duty concessions and Capital Gains Tax relief when entering a cohabitation agreement.
Requirements for a Valid Financial Agreement in Australia
Under section 90G of the Family Law Act 1975, a financial agreement or BFA is considered ‘binding’ if:
- – The agreement is signed by all parties;
- – Before signing the agreement, each party was provided independent legal advice on their rights and the advantages and disadvantages of making the agreement;
- – Before or after signing the agreement, each party was provided with a signed statement by a legal practitioner confirming that the advice was provided;
- – A signed copy of the legal practitioner’s statements are exchanged between parties; and
- – The agreement has not been terminated or set aside by the court.
When Might a Cohabitation Agreement Be Considered Invalid?
The Family Law Act 1975 does set out circumstances where an agreement may be declared invalid by the court. A few circumstances include:
- – The agreement was obtained by fraud;
- – A party entered the agreement with the intention to defraud a creditor of the other party;
- – The agreement is void, voidable, unenforceable;
- – Circumstances have arisen since the agreement was made which makes it impracticable for the agreement to be carried out;
- – Since making the agreement, a material change in circumstances has occurred relating to the care, welfare and development of a child, and as a result of this change, the child or party will suffer hardship if the court does not set the agreement aside; and
- – A party to the agreement engaged in conduct that was unconscionable.
To discuss the specifics related to an invalid agreement, please get in touch with our family lawyers.
How Emerson Family Law Can Help
If a Binding Financial Agreement fails to meet the requirements outlined in the Family Law Act 1975 or Family Court Act 1997, it may not be binding, and the court can set it aside under certain circumstances.
Our expert family lawyers in Brisbane specialise in all types of Financial Agreements for both married and de facto couples, pre-cohabitation (i.e., before marriage or before living together as a de facto couple), during cohabitation, and post-separation.
We can also provide specialist legal advice about the legal terms and effect of a Financial Agreement drafted by another lawyer, including the associated advantages and disadvantages, for you to enter into one.
Our Financial Agreement Services
Financial Agreements for
Married Couples
Whether you are planning ahead, protecting assets, or seeking clarity after separation, we draft financial agreements that are legally sound, fair, and tailored to your circumstances.
We can assist with:
- – Prenuptial Financial Agreements before marriage
- – Postnuptial Financial Agreements during the marriage
- – Separation Financial Agreements after the relationship ends
- – Asset protection for individuals with complex financial structures
- – Clear, enforceable terms that minimise conflict and risk
Financial Agreements for
De Facto Couples
In Australia, de facto couples also benefit from the certainty and protection that a Financial Agreement provides. Whether you are about to move in with your partner or have already built a life as a couple, our experienced lawyer can help you protect your financial interests.
We can assist with:
- – Pre-cohabitation Financial Agreements before moving in together
- – Cohabitation Financial Agreements while living together
- – Separation Financial Agreements when the relationship ends
- – Protection of assets brought into the relationship
- – Agreements tailored to blended families or uneven financial contributions
N B
2025-11-10
I have absolutely no hesitation in recommending Gavin Lai from Emerson Family Law. From start to finish he was kind, understanding and knowledgeable. His prompt replies and efficiency were second to none! He helped me navigate my way through an awful divorce and he achieved a terrific financial result for which I will be forever grateful.
Sarah Ryan
2025-11-06
I am incredibly grateful for the support and guidance I received from Gavin Lai, Special Counsel at Emerson Family Law.From our very first meeting, Gavin presented as kind, understanding and highly professional.Gavin took the time to truly listen, explain each step clearly, and ensure that I felt informed and supported at every stage. His calm and practical approach helped me navigate difficult decisions with confidence and clarity. I consistently felt that my children’s best interests and my wellbeing were his top priority.Gavin’s communication was exceptional - he was consistently responsive and proactive in keeping me updated, which provided great reassurance throughout the process.I would not hesitate to recommend Gavin to anyone seeking a knowledgeable, trustworthy, and compassionate family lawyer. He has made an incredibly difficult time much easier to manage, and I am deeply thankful for his help.
Sylvia Lee
2025-10-30
It is a real privilege and pleasure to work with Gavin Lai. It was a really stressful time for me and my family, and Gavin made things easy, straight-forward, understandable, and he is a really lovely person. Thank you so much Gavin, I would always very highly recommend him.
alona gilhang
2025-10-25
My journey to this unforeseen life-changing circumstance led me to Gavin Lai, he was highly recommended from a common friend. Gavin's personal approach showed he truly cared. Gavin from the get-go was proactive, honest, upfront while equally sensitive and understanding in dealing with realities of separation. He listened, provided sound advice and never overcommit. He was very responsive and will walk and run with you from start to finish. His expertise in the industry is commendable. Trusting Emerson Family Law and Gavin to handle my family matter was a great decision. Thank you so much Gavin.
Jazmine Zenoni
2025-10-23
I had the privilege of working with Gavin Lei from Emerson Family Law during a very difficult period in my life, involving complex family law matters concerning a young child. This process spanned over two years, and without Gavin’s guidance, expertise, and compassion, I honestly don’t know how I would have managed.Gavin’s insightfulness and knowledge are second to none. He consistently demonstrated professionalism, honesty, and genuine care for my situation. What I appreciated most was that he always had my best interests at heart but never sugar-coated things — he was honest, realistic, and always prepared.Thanks to Gavin, an incredibly stressful and emotional time was made that little bit easier. I can’t recommend him highly enough to anyone needing strong yet compassionate representation in family law matters.Thank you, Gavin, for everything.— Jazmine Zenoni
Bevan Muller
2025-08-20
I was going through a marriage separation and was not in a good place, but the way Gavin helped me through the process and always kept me informed helped me through all of this. I cannot thank the firm and Gavin enough.
Lucy Ting
2025-08-03
Gavin Lai has guided me (respondent in a complex and unusual family law case) for the last 15 months, that included an "out of time" threshold hearing trial. A consummate professional and prompt communicator, not the attributes that I can describe my first lawyer. I had full confidence and trust in Gavin, who navigated a good outcome!
Zoe Jayne
2025-07-30
I had the privilege of being represented by Gavin during a very challenging family court matter. Throughout the entire process, he provided not only expert legal guidance but also genuine support and reassurance.What truly stood out to me was his integrity and honesty—always keeping me informed, never in the dark, and consistently encouraging me to take the right path, even when emotions ran high. Gavin approached every step with wisdom, clarity, and a calm presence that gave me confidence during an incredibly difficult time.I’m truly grateful for the dedication, empathy, and professionalism Gavin showed me, and I wouldn’t hesitate to recommend the Emerson Family Law to anyone navigating complex family law matters.
Chris Anderson
2025-06-19
Highly recommend. I have engaged Gavin from Emerson Family Law a number of times and have found him to be extremely knowledgeable, ethical, reasonable, thorough and prompt. I doubt his communication could be bested, it is excellent. I always felt confident and informed with him as my solicitor. Having to go through a legal process for the first time can be overwhelming, and family/ friends/ strangers often give advice with no personal experience- if you want to be informed and confident, I recommend contacting Emerson Family Law for your peace of mind.
Adam Stone
2025-04-02
I was recommended to see Gavin Lai and I highly recommend him for family law matters. Gavin was a cool and steady hand to help me get through a difficult time, focusing on the big picture and using his experience to navigate the way forward and ensure things proceeded as smoothly as possible. Prompt, concise, cost conscious and focused, if you find yourself in the unfortunate position of a separation - call Gavin.
Request a confidential consultation at a fixed fee.
We offer fixed fee arrangements to prepare a Financial Agreement, depending on the legal complexity, tailored to the particular circumstances of your case. This fee also covers any subsequent written advice you may need, with no additional charges.
