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Defacto Prenup Australia – BFA Before or After Moving in

The term “defacto prenup” is commonly used to describe a financial agreement between people in a de facto relationship. It doesn’t matter if you  are already living together or planning to, the document sets out how your property, finances, and liabilities would be divided if the relationship ends. Putting your agreement in writing puts a stop to the niggling doubts and “what if?” questions.

Although not a legal term, many people use ‘defacto prenup’ to describe what the Family Law Act 1975 officially calls a Binding Financial Agreement (BFA).

You can make a defacto prenup:

  • Before you move in together, or
  • After you’re already living together

That means it’s never too early (or too late) to protect your financial interests.

Why would you consider a Defacto Prenup?

If you’re in a serious relationship but want to maintain some financial boundaries then a defacto prenup can offer you peace of mind. This is especially important if you’ve been through the stress of a messy breakup before.  

This type of financial agreement helps you:

  • Protect the assets you brought into the relationship
  • Keep finances clear and fair
  • Avoid future disputes over property or debt

Just like a Will, a Financial Agreement is about planning for the just in case. It’s a practical tool, not a prediction.

Real Life Scenario: Greg and Yana

Greg and Yana are both professionals, each recovering from a previous separation. While optimistic about their future together, they’re understandably hesitant to mix all their finances immediately.

By creating a defacto prenup (Binding Financial Agreement), Greg and Yana gain clarity and reassurance. They declare their current assets and liabilities, decide how to manage shared expenses, and agree to take back what they brought into the relationship if it ends.

No drama. No surprises. Just a simple agreement upfront which provides peace of mind.

How to arrange a financial agreement

Traditionally, you would engage a lawyer to draft the agreement for you. This involves several meetings to determine what you want the agreement to achieve, and as lawyers charge by the hour, it is easy to see how the costs escalate quite rapidly.

Alternatively, you can start with a template kit and do more of the work yourself, saving you considerable time and money.

But remember, you will still need legal advice before you sign to ensure your agreement is binding.

Watch this short two minute video that explains how our process works

What are the benefits of using a Kit vs a Lawyer?

When you visit a lawyer for the first time, you can expect a meeting to flesh out your needs. From that meeting, you’ll be required to provide certain information, for example:

  • Who are the parties to the agreement? You will provide full names and dates of birth.
  • When did you plan to start living together?
  • Are there any children of the relationship (names and dates of birth)?
  • Do you hold any controlling interest in a company trust or SMSF?
  • List each party’s current assets and liabilities.

Once that information has been provided, a document will be prepared (generally from a template the firm has used previously), and another meeting will be scheduled to review the draft agreement.

You may need to provide additional info, and there may be several emails back and forth.

All the while, the meter is running at the hourly rate. The more meetings and emails, the higher the cost.

Once a document has been prepared, you will provide a copy to your partner, who must then seek his/her own legal advice.

It’s a time-consuming and costly process.

All that to-ing and fro-ing can be avoided if you use a template kit.

You will still need to provide all that information, but instead of paying a lawyer to enter the data into their template, you and your partner can enter the information straight into a template yourselves.

It’s easy to see how this can save you a bundle in legal fees!

template kit versus lawyer

There are 5 easy steps to putting a financial agreement in place before you start living together

  1. Download the Agreement Kit – just $147 to get started
  2. Fill in the Template (using the Users Guide and other resources)
  3. Submit your draft agreement to our team for assessment
  4. Get the Fixed Price Legal Advice – $3,250 covers both parties in most cases
  5. Sign your Agreement

All in all, you can complete your de facto financial agreement and have peace of mind about your future financial security for just $3,397 (unless you have very complicated financials)

5 steps to a legally binding financial agreement

A Certificate of Legal Advice is also required

Important
Section 90UJ of the family law act requires both parties to obtain certification of independent legal advice from a legal practitioner.

Once the advice is given, the solicitor for each party will attach a Certificate confirming that advice was given prior to the parties signing the Agreement.

This prevents either party from arguing that, at the time of making the agreement, they were unaware of the ramifications of signing the agreement.

Make sure you visit our Document Review Service  page to learn more about this requirement and to find out how you can obtain your certificate of legal advice at a fraction of the normal solicitor costs.

stress free service

Easy to Use Kit available for immediate download

Pre Defacto Kit

What’s Included in Your Agreement Kit?

  • Professionally drafted agreement template (for all states including WA)
  • Easy-to-follow User Guide
  • Sample agreement and sample clauses
  • Bonus Will kit
  • Access to our exclusive Members Area
  • Complimentary agreement assessment
  • Access to our fixed-price legal review service

Kits are available for instant download and written in plain English – no legalese.

Get Started Now – Defacto Prenup Kits Available for Immediate Download, Only $147

Buy De Facto Pre Cohabitation Financial Agreement 90UB (all states except WA) Buy De Facto Pre Cohabitation Financial Agreement WA 205ZN for Western Australia Already Living together? Get a Cohabitation Agreement

A few sample pages of our Defacto Prenup BFA Agreement

We’ve shown the agreement for all states except W.A. The grey boxes indicate form fields where you enter your personal information. Yellow highlights indicate areas where you will choose a clause that suits your situation.

pre de facto agreement sample 1

pre de facto agreement sample 2

Sample 3

Satisfaction Guaranteed – Our Promise to You

If for any reason you are not completely satisfied with your purchase or our service, please phone our office on 1800 608 088 within seven (7) days of purchase and we will rectify the situation, issue a refund, or offer a credit towards future purchases.

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FAQs

Is a defacto prenup (binding financial agreement) legally binding? Yes, as long as it complies with the Family Law Act and both parties receive independent legal advice.

Can we make one if we already live together? Yes. You can enter into a Binding Financial Agreement either before or after moving in together.

What’s the difference between a prenup and a defacto prenup? “Prenup” usually refers to agreements made before marriage. A defacto prenup is simply a Binding Financial Agreement made by a couple in a de facto relationship – either before or after cohabitation.

Get Started Now – Defacto Prenup Kits Available for Immediate Download, Only $147

Buy De Facto Pre Cohabitation Financial Agreement 90UB (all states except WA) Buy De Facto Pre Cohabitation Financial Agreement WA 205ZN for Western Australia Already Living together? Get a Cohabitation Agreement

Important – Required Legal Advice

Financial Agreements only become Legally Binding when each party has received Certified Independent Legal Advice - Click Here for More Information

Australian Law

Our Financial Agreements are drafted to comply with Australian Law

Professionally Drafted

The agreements are professionally drafted by Australian Family Law Experts

Instant Download

No Need to Wait. Download the Agreements Instantly

Easy to use

Plain English - No Legalese. Your Financial agreement is easy to use, edit and understand