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Binding Financial
Agreements & Prenups
Clarity and peace of mind for your relationship. Whether you're starting out, happily together, or navigating a separation, get a legally binding agreement with a clear, fixed fee.
Our BFAs & Prenups start at $1,100.
Certainty & Control
You and your partner decide your future, not a judge.
Asset Protection
Safeguard your hard-earned assets, business interests, and future inheritances from potential claims.
Save Time & Money
Avoid the potential for drawn-out, stressful, and expensive court battles with a clear, upfront agreement.
Complete Privacy
A BFA is a private contract. Keep your personal and financial affairs entirely out of the public court system.
10 Smart Ways to Split Assets in a Prenup
Thinking about a prenup? This free guide explains 10 practical ways couples can divide assets, from keeping property separate, to hybrid models, to planning for debts, super, and future assets.
Written in plain English, it’s the perfect starting point before speaking to a lawyer.
Get your copy direct to your email, and start planning with confidence.
What Is A Binding Financial Agreement (BFA)?
A Binding Financial Agreement (BFA) is a private, legally binding contract between two people in a relationship. It formally sets out exactly how your property, financial resources, and debts will be divided if your relationship breaks down.
You can create a BFA at any time; either before a relationship starts, during the relationship or after a breakup. Its primary power is that it ousts the jurisdiction of the Court. This means you replace a judge's future, unpredictable decision with your own predetermined agreement, giving you certainty and control over your financial future.
These agreements are legally powerful, created under the Family Law Act 1975 (Cth) and the Family Court Act 1997 (WA)
Which Financial Agreement Is Right For You?
For Couples Planning Their Future Together
Often called a "Prenup" this agreement is for couples in a continuing relationship who want to proactively protect their assets in the event of a breakup. Think of it as financial planning for your relationship.
Who is this for?
Couples with different financial positions
Where one partner brings significantly more assets into the relationship.
Business Owners & Entreprenueurs
To protect a business from being part of a property settlement claim.
Second or Subsequent Relationships
To ensure assets are preserved for children from a previous relationship.
Protecting Future Assets
To quarantine an anticipated inheritance, gift, or family farm.
Anyone seeking certainty
For risk-averse individuals who want to remove financial uncertainty from their future.
Key Benefits
It's an act of mutual respect
It encourages open communication about finances.
It’s an insurance policy
You hope to never need it, but it provides immense peace of mind.
It builds a stronger foundation
By removing future financial uncertainty, you can focus on your relationship.
For Couples Who Have Separated
If you have separated, a formal agreement is the only way to achieve a clean financial break and move forward with certainty. This ensures neither person can make a future claim on the other's assets. You have two powerful options wither a BFA or consent orders. You can only pick one.
Options
1
Post Separation BFA
A private contract that allows you to finalise your property settlement on your own terms. It offers maximum privacy and is ideal for agreements that might be outside what a court would typically order, as long as all legal requirements are met.
2
Consent Orders
A legally binding agreement that is submitted to the Court for approval. Once approved, it becomes an enforceable court order. This is a cost-effective and robust solution for straightforward and fair agreements. Consent orders cannot be done before separation.
Choosing Your Path After Separation: BFAs vs. Consent Orders
If you and your partner have separated, then you have a choice between a BFA or consent orders to make your agreement to divide
your finances legally binding.
Binding Financial Agreement (BFA)
Consent Orders
Court Involvement
None
A BFA is a private contract and is not filed with or approved by a court.
Required
The agreement is filed with the court and must be approved by a Court Registrar to become legally binding.
Privacy
Maximum Privacy
Your financial details remain completely confidential between you, your partner, and your lawyers.
Less Privacy
The documents are filed with the court, becoming part of the court record.
Fairness Standard
Flexible
Can lock in a commercial or unusual deal, as long as strict legal procedures (like independent advice) are followed.
“Just & Equitable”
A court official must be satisfied that the agreement is fair and equitable before approving it.
Best For...
Securing an agreement that might be outside the norm, guaranteeing privacy, or creating a “firewall” around specific assets.
Straightforward, fair agreements where you want the finality and authority of an official court order.
SplitWise Starting Price
From $1,100
From $1,000 + GST + Court Filing Fee
Your Path to a Binding Financial Agreement in 4 Simple Steps
1
Free Discussion & Engagement
Have a free discussion with our team to confirm the key information, pricing and answer any further questions you have. Once you're ready, you'll sign a formal Costs Agreement with our partner law firm, MKI Legal.
2
Meeting with Your Lawyer
You will have a virtual meeting with a family lawyer to go through the finer details of your BFA.
3
Drafting & Review
Our legal team will prepare the first draft of your BFA. You'll have the opportunity to review it and request one round of minor amendments, included in your fixed fee.
4
Finalising & Signing
We send the final draft to your partner, who must get independent legal advice from their own lawyer. Once everyone signs (including your partner’s lawyer), your agreement becomes legally binding.
No Surprises. Just Clear, Fixed-Fee Pricing
Simple BFAs
$1,100
Who Is The Simple BFAs For?
You and your partner have reached a general agreement on how to split your assets
Your asset structure is simple (no trusts, self-managed super funds or complex business entities)
Your combined assets are under $3 million
You are both proficient in English and can communicate effectively
The way you are dividing your finances does not have any complexities.
No existing BFA or court orders in place
You're able to communicate well with your partner
What’s Included
Custom-drafted BFA prepared by a lawyer and tailored to your specific circumstances
Comprehensive legal advice session with your lawyer
Inclusion of one property that needs to be sold or have the title changed
One round of minor amendments from your partner
All necessary legal advice to finalise the agreement from your end
Your family lawyer signs the certificate of advice.
Fixed-Fee Extras
Superannuation SplitIf you need to transfer super from one fund to another. No charge for any super that doesn't need to be transferred.+$220 per fund
Additional Property Transfer/SaleOne included in base price. No charge for any property that doesn't need to be transferred or sold.+$220 per additional property
Simple Business TransferThis fee only applies if ownership of the business is being transferred from one person to the other.+$220 per entity
Complex BFAs
from $2,200
Who Is The Complex BFAs For?
You have a trust
You have a self-managed super fund
You require a complicated division of finances
Your combined assets are over $3 million
You have complex business structures
One of the parties is not proficient in English
You have a BFA or court order in place
There are communication issues between you and your partner
A Family Lawyer Is Involved
SplitWise works with family lawyers at MKI Legal to ensure the work is completed to the highest standard.
Angelo
Experienced Family Lawyer
Overall Rating4.8
OVER 100+ REVIEWS“Angelo provided wonderful service”
“Angelo was very prompt with his guidance throughout, offering support and information at every stage”
PAUL BAXTER
“Angelo is very professional, helpful, explains everything, has great communication”
“Gone above and beyond for my partner and I can’t thank him enough”
“A huge weight off of our shoulders and we are so grateful for him!”
SARAH ROSS
“Angelo made what could have been a very complex and potentially stressful matter very easy to navigate”
“He was extremely responsive once instructed and resolved the issue very quickly.”
MANJEET JANJUA
“Thank you to Angelo who has assisted me with a matter which was very daunting and I felt way out of my depth”
“He was very compassionate, caring and...constantly communicated with me”
“Nothing was ever too hard and he always made me feel like I mattered”
JACQUI MOOY
“Angelo was of great assistance to me, giving prompt and clear advice at all stages of the process.”
“Made what could have been a complex process seem easy and stress-free. Am very appreciative!”
SEAN HOWARD
“Angelo from MKI Legal was extremely helpful and professional with his assistance in my legal matters.”
“He was very thorough with his work and was prompt with all correspondence.”
EMMA MACLEOD
Ratings correct as of mid 2025
Money Back Guarantee
We'll refund your money if it turns out that our consent orders or our simple BFA service is not appropriate for your circumstances or there are some complications. We can determine this at the stage when a family lawyer reviews your case.
This ensures that you are comfortable knowing Splitwise is the right decision for you.
This ensures that you are comfortable knowing Splitwise is the right decision for you.
This guarantee is subject to certain conditions. You can read the full details in our FAQ
SplitWise Vs Traditional Law Firms
Comparison Table
 | Traditional Law Firms | |
|---|---|---|
| Custom-drafted legal documents | ||
| Family lawyer involved | ||
| Predictable fixed fee price | ||
| Enter the information conveniently at your own time | ||
| Done from the comfort of your home |
We Cost Less Because We Do Things Quicker
5 hours
Time taken by AI-assisted family lawyer
20 hours
Time taken by family lawyer without AI
Traditional Law Firms
An Informal Agreement is Not Enough
Relying on a verbal or informal agreement after separation is a significant financial risk.
Without a legally binding BFA or Consent Orders:
- Future assets are at risk: Your ex-partner can make a claim on any assets you build up post-separation, including inheritances, business growth, or property value increases.
- People can change their minds: An informal deal can be disputed years down the track, forcing you into a stressful and costly legal battle.
- You remain tied by joint debts: If your name is on a joint loan or credit card, you remain liable if your ex-partner fails to pay, potentially ruining your credit rating.