Keep your financial arrangements out of court
Separating couples in Queensland who want to keep their financial arrangements out of court often turn to a binding financial agreement. The Legal Drafter prepares a binding financial agreement in QLD that sets out your terms clearly and meets the legal requirements needed to make it enforceable.
What a BFA does
A binding financial agreement is a private contract made under the Family Law Act, rather than a court order. It can be entered into before, during or after a relationship and can cover property, financial resources and spousal maintenance. A BFA only becomes binding once both parties have received independent legal advice and signed in the required form, which is why careful, specialist drafting is so important.
When a BFA suits Queensland couples
A BFA gives you privacy and control over how your finances are divided. It can be well suited to couples with business assets, property brought into the relationship, or more complex circumstances where a tailored agreement makes sense. For many Brisbane and Queensland couples, it offers a practical way to formalise their finances without a court application, on terms they have shaped themselves.
Trusted BFA lawyers in Brisbane
Our BFA lawyers in Brisbane draft your agreement with care, making sure it reflects what you have agreed and satisfies the conditions that make it enforceable. Our service is delivered online, so whether you are in Brisbane, the Gold Coast, the Sunshine Coast or regional Queensland, you can complete the process from home at a time that suits you.
Affordable, fixed pricing
Cost certainty matters when you are planning your future. Our binding financial agreements in QLD come with clear, fixed pricing agreed up front, together with professional drafting and support at every step. To protect your assets with a properly prepared agreement, request a quote and we will explain how the process works in Queensland.
More than just after separation
While many people arrange a binding financial agreement after separating, a BFA is not limited to that stage of a relationship. Queensland couples can enter into one before they marry or move in together, often called a prenuptial agreement, or at any point during the relationship. Made early, a BFA can set out how assets would be divided if the relationship were ever to end, giving both people clarity and protecting assets such as a business, an inheritance, or property brought into the relationship. Whatever the timing, the same core requirements apply: the agreement must be in writing, each party must obtain independent legal advice, and it must be signed in the correct form. We prepare agreements for every stage, tailored to your circumstances, so that whether you are planning ahead or finalising things after separation, your BFA is drafted to be clear, fair and enforceable. If you are unsure which stage or type of agreement fits your situation, we are happy to talk it through before you decide, because taking the time to get the structure right at the outset gives your agreement the best chance of doing exactly what you intend for years to come.

Time limits – marriage, an application for a financial/property settlement must be made within 12 months of your divorce becoming final.
Time limits – de facto relationship, an application for a financial/property settlement must be made within 2 years of the breakdown of your de facto relationship.
If you have reached an agreement, you can make an application to the Federal Circuit and Family Court of Australia/Family Court of Western Australia to formalise your agreement by applying for Consent Orders. Or alternatively, you can enter into a Binding Financial Agreement.
If you can’t reach an agreement, you can file a Family Law application for financial/property orders in the Federal Circuit and Family Court of Australia/Family Court of Western Australia, including orders relating to the division of property and payment of spousal or de facto partner maintenance.
Have Questions? Ask Your Legal Drafter
Call us on 0416 280 901 or email to enquiries@thelegaldrafter.com.au
THE PROPERTY POOL
The Family Law Act 1975 (Cth) sets out the guiding principles in which the court will consider making an order for a property settlement. The court will look at the ‘property pool’ which will include you and your former spouse’s assets, liabilities and superannuation. You can also make an application to the court for spousal maintenance – spouse maintenance or de facto partner maintenance. If you can not meet your own reasonable expenses from your personal income and assets, under the the Family Law Act 1975 (Cth), your former spouse has a responsibility to financially assist you.