Hillwest Legal drafts binding financial agreements (BFAs) for clients across the Hills District and Greater Western Sydney. Whether you need a prenuptial agreement before a wedding, a post-nuptial agreement during a relationship, or a separation agreement after a relationship ends, we prepare the agreement from scratch tailored to your specific assets, liabilities and circumstances.
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How BFA drafting works
- Initial consultation. We discuss your situation, assets, liabilities, and what you want the agreement to achieve. This can be done online, by phone or at our Hills District office.
- Drafting the agreement. We prepare the BFA, covering the division of property, financial resources, debts, superannuation and any other financial matters. If superannuation splitting is involved, we include the required superannuation agreement.
- Review with you. We walk you through every clause and explain the legal effect. We make amendments as needed until you're satisfied.
- The other party obtains independent legal advice. The other party must receive independent legal advice from their own solicitor. This is a legal requirement without it, the BFA may not be enforceable.
- Execution. Both parties sign the agreement. Each solicitor signs a certificate confirming they provided independent legal advice.
When you might need a BFA drafted
You want to protect assets before marriage. A prenup protects what you're bringing into the relationship property, business interests, savings or expected inheritances.
You've received an inheritance during your relationship. A post-nuptial BFA can ring-fence inherited assets so they're treated separately if the relationship ends.
You've separated and want to settle without court. A separation BFA allows you and your former partner to divide property by agreement, without the need for consent orders or court involvement.
You own a business. If one party owns a business, a BFA can define how the business (and its growth in value) will be treated if the relationship ends.
BFA drafting fees
Drafting fees depend on the complexity of the agreement the number and type of assets, whether superannuation splitting is involved, and whether the terms have already been agreed between the parties or need negotiation. We provide a clear quote after the initial consultation so you know what to expect.
Frequently asked questions about BFA drafting
Related services
- Independent legal advice For the other party.
- Prenuptial agreements
- Separation agreements
- Property consent orders Court-approved alternative.
- Property transfer Transferring property following a BFA.
The information on this page is general in nature and does not constitute legal advice. For advice specific to your circumstances, please contact us directly.