Sayer Jones
Sayer Jones

Financial agreements.

Sayer Jones have particular expertise in Binding Financial Agreements (BFA). These types of agreements are colloquially referred to as “pre-nups” (entered into before marriage or a de facto relationship) and “post-nups” (entered into during or after a relationship).

A BFA is a private, legally enforceable contract. It allows parties to a marriage or a de facto relationship to contract out of any rights they may otherwise have to a financial settlement or spousal maintenance. These also formally record how property, assets, liabilities, superannuation and financial resources will be dealt with in the event of separation. Properly drafted and executed, a BFA can prevent future property settlement litigation and provide certainty, protection and clarity.

Clients seek advice about pre-nuptial and post-nuptial BFAs for many reasons, including:

  • Asset protection for business owners, professionals and ultra high net worth and high-net-worth individuals;

  • Protection of family trusts, corporate structures and intergenerational wealth;

  • Safeguarding inheritances or anticipated inheritances;

  • Protecting children’s future financial interests from a prior relationship;

  • Quarantining pre-existing assets, property or superannuation;

  • Managing risk where there is a significant asset disparity;

  • Formalising financial arrangements and financial settlements following the breakdown of a relationship; and/or

  • Finalising spousal maintenance obligations after separation.

BFAs require strict compliance with legislative requirements, including independent legal advice being provided to both parties. If they are not prepared properly, BFAs are vulnerable to challenge and being set aside by the Court. It is therefore critical BFAs are drafted, negotiated and finalised with precision.

At Sayer Jones, we provide:

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

  • Detailed risk assessment regarding enforceability;

  • Drafting of complex and sophisticated agreements involving trusts, companies, self-managed superannuation funds and layered asset structures. This commonly requires consultation with other professionals such as accountants, and wealth advisors;

  • Negotiation on the BFA terms;

  • Advice on spousal maintenance and financial settlement provisions;

  • Clear guidance on disclosure obligations; and

  • Review and advice on existing agreements, including on enforceability.

We understand pre-nuptial and post-nuptial BFAs can be sensitive and involve difficult discussions. Our approach is pragmatic, discreet and commercially focused. We aim to minimise conflict for our clients while maximising protection. We combine technical excellence with strategic thinking to deliver robust, enforceable agreements designed to withstand scrutiny.

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