Can you do a BFA after you break up to divide your assets?

There are only 2 ways to have a binding family law property settlement: 1. Court orders (by consent or by a Judge making a decision) OR a BFA

Features	BFAs	Consent Orders
Timing	Before relationship, during or after separation / divorce all OK	Consent Orders cannot be filed prior to the breakdown of a marriage/de facto relationship.
Independent Legal Advice	Required for both parties	Not required
Full and frank disclosure of all assets	Recommended but not strictly required	Required
Superannuation split?	Yes you can split super	Yes you can split super.
Fees	Lawyers fees only	Filing Fee and lawyers fees (if you have one)
Parenting	No	Yes
Child Support	No	No
Spouse maintenance waiver	YES	No – but you can have orders for the payment of maintenance.
Turnaround time	Is binding from when the last party signs the Agreement	Is binding when the court makes the orders and seals them
Private deal?	YES – no one will see the BFA other than the lawyers who sign it.	No – the court must be satisfied the settlement is "just and equitable" before the orders are sealed
Stamp duty exemption on transfer of property?	YES	YES
CGT rollover relief	YES	YES
Same Sex parties ?	YES	YES
Vulnerable to challenge?	Depends on a range of factors – is very expensive and slow to challenge and strict criteria	Very difficult to do. Must be able to satisfy one of the criteria in Section 79A of the Family law Act.

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Don't hesitate and regret it later! Remember your Binding Financial Agreement or pre nuptial agreement is a document that is negotiated and agreed between you and partner before you both sign it. That way both parties have a say about the content of the Agreement and the end result, and there are no hidden surprises.

It is a fair way to protect the assets and wealth you both bring to the relationship and to document what happens if ever you break up in the future.

I have a BFA that is already signed and finalised

I want a BFA to be created for me

I need advice on a BFA already drafted by my partner’s lawyers

Fidan is a family lawyer with a difference

Family Law Accredited Specialist

Specialist accreditation is held by less than 6% of the profession in NSW

Fidan went on national television to talk about her own Financial Agreement and genuine belief that all things are not equal in family law. Fidan is a genuine divorce lawyer who is not shy to say what she really thinks about the importance of pre nups in a relationship. Based in Sydney NSW, Fidan can help you negotiate and draft a Financial Agreement of exceptional quality. What more can you ask for?

Fidan is a family lawyer with a difference

Family Law Accredited Specialist

Specialist accreditation is held by less than 6% of the profession in NSW