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Binding Financial Agreement — De Facto Relationship (s.90UB / s.90UC / s.90UD Family Law Act)

A legally binding written contract between de facto partners (same-sex or opposite-sex) that sets out how property, assets, and liabilities will be divided if the relationship breaks down, made before (s.90UB), during (s.90UC), or after (s.90UD) the de facto relationship.

Issuing authority

Federal — prepared by private solicitors under the Family Law Act 1975 (Cth); no court lodgement required

Official source

fcfcoa.gov.au

Cost

Varies — solicitor fees typically $2,000–$10,000+ per party depending on complexity; no court filing fee

Deadline

s.90UD (post-breakdown) must generally be entered within 2 years of separation; pre- and during-relationship agreements have no fixed deadline

How to apply

  1. Obtain independent legal advice from a qualified family lawyer before signing — this is a mandatory legal requirement for the agreement to be binding under s.90UJ Family Law Act
  2. Instruct your solicitor to draft the Binding Financial Agreement specifying all property, assets, superannuation, liabilities, and financial resources to be covered
  3. Identify the correct section: s.90UB (before the de facto relationship begins), s.90UC (during the de facto relationship), or s.90UD (after breakdown of the relationship) — the agreement must expressly state which section it is made under
  4. Disclose full financial circumstances to each other; inadequate disclosure can render the agreement void
  5. Each party signs the agreement after receiving independent legal advice; each solicitor provides a signed certificate confirming advice was given
  6. The executed agreement is retained by each party's solicitor — there is no court filing or registration required for a BFA to be binding
  7. If circumstances change (e.g. acquiring significant new assets), consider having solicitors review and update or terminate and replace the agreement
  8. If a dispute arises about the agreement's validity, either party may apply to the Federal Circuit and Family Court of Australia to have it set aside under s.90UM

Related topics

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