Prenuptial Agreement PRENUPTIAL AGREEMENT BINDING FINANCIAL AGREEMENT · FAMILY LAW ACT 1975 (CTH)

Draft template documents for every Australian state and territory, prepared under the Family Law Act 1975 (Cth) s90B. Download, complete, and have reviewed by independent legal counsel before signing.

Documents

State & Territory Templates

One Binding Financial Agreement template per jurisdiction. Each document is pre-populated with the correct state name, governing law clause, and jurisdictional references.

NSW New South Wales Binding Financial Agreement · s90B Download .docx VIC Victoria Binding Financial Agreement · s90B Download .docx QLD Queensland Binding Financial Agreement · s90B Download .docx WA Western Australia Binding Financial Agreement · s90B Download .docx SA South Australia Binding Financial Agreement · s90B Download .docx TAS Tasmania Binding Financial Agreement · s90B Download .docx ACT Australian Capital Territory Binding Financial Agreement · s90B Download .docx NT Northern Territory Binding Financial Agreement · s90B Download .docx
Coverage

What Each Document Covers

Every template addresses the full spectrum of financial matters recognised under the Family Law Act.

01
Real Estate & Property
Pre-relationship real property, investment properties, and jointly acquired homes.
02
Business Interests
Shares, units, partnerships, goodwill, and intangible business assets.
03
Savings & Investments
Bank accounts, managed funds, share portfolios, and financial instruments.
04
Superannuation
Pre-relationship super and accrued interests under Part VIIIB of the Act.
05
Debts & Liabilities
Pre-existing debts, joint mortgages, and indemnity provisions.
06
Inheritance & Gifts
Inheritances and third-party gifts received before or during the marriage.
Process

How to Make It Binding

A BFA under s90B requires strict compliance with s90G of the Act to be legally enforceable.

1
Download & complete the template
Select your state's document and fill in all bracketed fields including full legal names, dates of birth, addresses, and intended marriage date.
2
Complete Schedule 1 — financial disclosure
Both parties must provide full and frank disclosure of all assets, liabilities, income, and financial resources. Non-disclosure is grounds to set aside the agreement under s90K.
3
Each party obtains independent legal advice
Each party must consult their own separate family law solicitor — not the same lawyer. The solicitor must advise on the effect of the agreement and its advantages and disadvantages.
4
Solicitors sign certificates of legal advice
Each solicitor signs and attaches a Certificate of Independent Legal Advice (included at the end of each document). This is a mandatory requirement under s90G(1)(b).
5
Both parties sign voluntarily
Both parties must sign the agreement freely, without duress or undue influence, after receiving advice. The agreement must be signed before the marriage takes place.
Disclaimer
Legal Disclaimer

These documents are draft templates only and do not constitute legal advice. They are provided for informational and starting-point purposes and are not a substitute for advice from a qualified Australian family law solicitor.

A Binding Financial Agreement under the Family Law Act 1975 (Cth) is not legally enforceable unless both parties have received independent legal advice from separate solicitors, and each solicitor has signed and attached a Certificate of Independent Legal Advice, as required by s90G of the Act.

These templates have not been reviewed or approved by a legal practitioner. They may not reflect the most current state of the law. Circumstances vary significantly between individuals and no template can account for every situation. You should obtain professional legal advice before signing any financial agreement.

The authors and publishers of these templates accept no liability for any loss, damage, or legal consequence arising from the use of these documents.