Sayer Jones
Sayer Jones

Financial Agreements (alt).

Protecting your assets with clarity and certainty

Sayer Jones has significant expertise in Binding Financial Agreements (BFAs), commonly referred to as “pre-nuptial” or “post-nuptial” agreements.

A BFA is a private, legally enforceable agreement that allows parties to determine how financial matters will be managed if a relationship ends. Properly prepared, these agreements can provide certainty, protect assets and reduce the risk of future litigation.

BFAs can address:

  • Property and asset division

  • Superannuation interests

  • Liabilities and financial resources

  • Spousal maintenance obligations

  • Protection of trusts, businesses and family wealth

Whether entered into before, during or after a relationship, these agreements allow parties to formalise financial arrangements in a clear and practical way.

A well-drafted Binding Financial Agreement provides clarity before uncertainty arises.

Why clients seek Binding Financial Agreements

Clients seek advice about BFAs for many reasons, including:

  • Protecting business interests and investments

  • Preserving family wealth and trust structures

  • Safeguarding inheritances or anticipated inheritances

  • Protecting children from previous relationships

  • Quarantining pre-existing assets or superannuation

  • Managing financial risk where there is a significant disparity in assets

  • Formalising financial arrangements after separation

  • Finalising spousal maintenance obligations

Binding Financial Agreements are not just about protecting wealth. They are about reducing uncertainty and setting clear expectations.

Technical precision matters

BFAs are governed by strict legislative requirements and require independent legal advice for each party. If not prepared correctly, they may be challenged or set aside by the Court. For this reason, careful drafting, full disclosure and strategic advice are essential.

At Sayer Jones, we provide:

  • Strategic advice on whether a BFA is appropriate in your circumstances

  • Detailed advice regarding enforceability and risk

  • Drafting of sophisticated agreements involving:

    • trusts

    • companies

    • self-managed superannuation funds

    • complex asset structures

  • Negotiation of agreement terms

  • Advice regarding spousal maintenance and financial settlement provisions

  • Guidance on disclosure obligations

  • Review and advice on existing agreements

Where required, we work closely with accountants, wealth advisers and other professional advisers to ensure agreements align with broader financial and estate planning objectives.

A pragmatic and discreet approach

We understand that discussions surrounding financial agreements can be sensitive and emotionally complex. Our approach is pragmatic, commercially focused and discreet. We aim to minimise conflict while ensuring our clients’ interests are carefully protected.

To discuss a Binding Financial Agreement or obtain advice about protecting your assets before, during or after a relationship, contact Sayer Jones for a confidential consultation.