Binding Financial Agreements (BFAs) are one of the most misunderstood tools in family law. While they are designed to provide clarity and protection, they are often met with hesitation, discomfort, or even resistance particularly when raised by one partner in a relationship. The reality is that concerns about BFAs are rarely just legal. They are deeply emotional and often tied to issues of trust, fairness, and future security. Understanding these concerns and addressing them properly is the key to ensuring...
What is a binding financial agreement? A Binding Financial Agreement is a private contract between two parties in which they are effectively finalizing property settlement and spousal maintenance issues outside of the Court. Also referred to as “pre-nups”, binding financial agreements are created between parties of a relationship or marriage to legally protect and allocate assets if the event the marriage ceases. Whilst many people believe planning for divorce before the marriage begins is controversial, a binding financial agreement is prudent estate planning, similar to...