Can I do my own Binding Financial Agreement?

This week, one of our Family Lawyers, explains.

Short answer is …No, not completely.

And the reason for this is that Binding Financial Agreements (BFA’s) have to be made pursuant to The Family Law Act, and Section 90G of that Act says that you have to have had legal advice in order to complete an enforceable Binding Financial Agreement.

A lawyer has to sign the certificate attached to that agreement.

BFA’s also have really specific clauses and sections that they have to have included in order for them to be valid. Which sections and which clauses that need to be included depend on exactly the type of BFA that you need.

So, it’s always best to get legal advice from a lawyer when doing a BFA, if only to get advice on something that you have drafted. So that they can let you know what needs to be included, and give you the appropriate advice so they can sign the certificate making the agreement valid.

"I would like to thank Alfonso and all the SB team for all the hard work over these past few years. I am more than pleased with the result that has been achieved and I know the result will be of untold benefit to my children."
R. O.
"I can honestly say that you did make my case a lot easier than I thought possible. Everyone I talked to - Albert and all different members of staff that I met during last year - were all kind and understanding. All lawyers know the law, but you went a bit further - your compassion made the difference. For that I am grateful and thank you all."
S. R.
"I was very happy with the services provided by Sarah Bevan Lawyers in every way and we would be more than happy to recommend your firm to any of our friends who needed your services. We found every one we dealt with to be helpful from the very first conversation with Joy."
H. S.
"I have absolutely no complaints as to the service and help I received from your office and I would not hesitate to recommend your office to anyone needing assistance in Family Law."
P. S.
"Sarah Bevan family lawyers has been amazing and achieved unbelievably great results for myself and my children. Just wanted to say a big thank you again for all your hard work. You have helped me achieve a result that I would never have imagined. Thank you for giving my kids a voice and fighting on as you did an awesome job. You guys really are the best family law firm I’ll definitely be making referrals!"
L. E.
"The support staff and Alfonso made this period so much more manageable. I am really happy with the outcome of my case and want to thank the team for their ongoing support."
S. P.
"Very pleased with the overall process, of being understood and treated as a person not a case number. Thank you for your professionalism."
J. B.
"Sarah Bevan Family Lawyers did an amazing job. You were honest, realistic and minimised the time, cost and grief associated with my case. All in all, it was a pleasure dealing with your firm and I could not have been happier or treated better under the circumstances." - G. G.
G. G.
"Sarah has been an absolute delight to deal with. Thankyou Sarah, very down to earth and easy to communicate with, and to top it off she is such a strong but reasonable lawyer."
P. L.
"On the range of possible outcomes last Friday at FMC I think the result was better than I was realistically bracing for. I have a route to a final resolution on this matter now - as a direct result of the expertise , talent and attention that you applied to my matter. Thank you both very much for your efforts."
S. T.
"I just wanted to say thankyou again for all your help through this legal process which was made very easy by all of you."
L. C.
"Thank you for your valuable assistance in my matter. I am very happy with the outcome! I love that the Judge pointed out that the affidavit you did for me was ‘a textbook case in how to write affidavits."
M. D.
"We appreciate all your team and what you are doing and we feel very comfortable knowing that we are in your capable hands."
J. F.
"Thank you, Sarah. You know what is in my best interest and you always do the best. Thank you again for your help and encouragement! You may not believe how much it means to me!!"
L. Z.
"Thankyou for your professional help. I felt secure knowing Sarah was there to assist me every step of the way. I will definitely recommend your firm."
P. G.
"I am so glad my case ended so well in my favour, thanks to all your help. Thankyou for all your professionalism, skill and empathy."
M. W.
"My case was so difficult but I know that I always had Sarah on my side. All the staff were extremely understanding and helpful."
J. T.
"Your services was impeccable. Thanking you all very much."
This was not a pleasant process, but it was necessary. SB Family Lawyers were always completely professional and gave me very realistic advice. They really helped me focus on trying to get everything resolved, and I always knew they had my back even which included when they gave me 'tough love'. Mine was a complicated case, but Sarah and her team are so astute that they got the details previous lawyers had missed. I was completely happy with their services
Susan W.
Thank you to the whole team at Sarah Bevan Family Lawyers. Your support, and incredibly reasonable and detailed advice, throughout this process has been nothing short of amazing. I know you come under a lot of fire as family lawyers, but I know from my own experience that great family lawyers like you are exactly what someone in a vulnerable position after separation needs.
Marcus C.
Lisa, the receptionist who answers the phone, is professional, kind, patient and absolutely wonderful. I live in California, but I will be visiting Sydney soon to help my daughter with a family matter. I look forward to meeting with the lawyer. If the lawyer is anything like Lisa it will be an excellent experience!!!
Jack K
I wish I could give them more than 5 stars! The most outstanding lawyers I have ever been involved with. Professional advice which always outlines all positions and allows me to make informed decisions. Empathetic to my situation but realistic in their assessment of the situation. Experienced, efficient, honourable and knowledgeable. I am just so grateful to be able to trust them with all the difficulties arising from my very long and involved family law matter! Thank you Sarah and all of your outstanding team!!!
Alli M.
Sarah and her team have always been great to deal with. They are quick to respond and their experience shines through. I wouldn't hesitate to recommend SB Family Lawyers to anyone going through a difficult time and needs an Accredited Specialist with a great breadth of knowledge, experience and most of all ... understanding. Sarah, thanks for a great result.
AM, Ryde
I was very pleased with the team... I found them professional and understanding / supportive to my needs.. thank you!!
Jay S
I was grateful for the supportive and personal assistance that Alfonso Layson and the Sarah Bevan Family Lawyers team provided during my family law case. I appreciated Sarah Bevan Lawyers’ honest and direct approach in giving input and advice while also allowing me to take or leave it. I learned a lot about the judicial system (it’s expensive and time-consuming!), but under my circumstances, I was pleased with the outcome.
Francois D.
Professional and efficient advice from every member of this firm we came in contact with. Great communication and client support in every way while dealing with an international issue.
Lyn G.
Sarah Bevan Family Lawyers at Parramatta were very responsive to my needs with fast responses and did not implement anything unnecessary that would have increased my costs. I also found them to be sensitive to my emotional state and supportive.
Rebecca O.
Sarah Bevan Lawyers have been managing our Surrogacy case for quite some time now and I can truly say their performance has been outstanding.
Alfonso Layson together with his assistant's Joy and Tiffany have provided my husband and I with exceptional service, their conduct has been professional, full of integrity, consideration and respect from the beginning. I cannot recommend them highly enough. This process of undertaking a Surrogacy has been incredibly emotional for our family and being able to have this level of trust in a law firm, particularly Alfonso, has been appreciated beyond any words I can express here.
They made us feel like we were their most important clients and with our case being, I have no doubt, far from their most lucrative that didn’t come across at all, in fact, quite the opposite. We couldn’t have asked for more.

Thank you.

T. G.
“It has been a long journey since I first stepped foot into your office doors. Thank you so much for all your help and the rest of the team. Once again, thank you to you and the team, couldn’t have done it without you guys.” R. O
“We cannot thank you (Abinaya), Aboorva and the team at SB for everything that you have done for us. We are so grateful for everything” B. P-L and D. P-L
“I have been so lucky to have come across your firm and will go back to the email and recommend your firm to others - Sarah was so supportive and knew when to make me stick to my guns and helped me know when to say enough!”
M. W.
“Sebastian was easy to work with and did a great job at keeping our case away from a prolonged legal process. On the four occasions of mediation or court meetings, we were able to come to final agreements with my ex-husband, on three occasions. No doubt that the family law process is highly stressful, exhausting and emotional, Sebastian's knowledge, understanding and calm demeanour helped me quickly gain the legal perspective to make the right decisions. Communication and correspondence was quick and efficient. Highly recommend Sebastian and the team at Sarah Bevan Family Lawyers.” J. H.

J. H.

Call Now!