Family Law
Post-Separation BFA
Post-Separation BFA
Separated doesn’t always mean “sorted”. If you and your former partner have reached (or are close to reaching) an agreement about property and finances, a Post-Separation Binding Financial Agreement (BFA) can help lock in the deal and reduce the risk of it unravelling later.
This can be especially important when one person is worried the other might change their mind, delay, hide information, or start making new demands once emotions settle - or once new relationships or family pressure enter the picture.
Understanding Parenting Arrangements
Parenting arrangements set out how separated parents will care for their children, covering aspects like:
Parental Responsibilities:
Parental responsibility refers to all the duties, powers, responsibilities, and authority that parents have in relation to their children, as defined in section 61B of the Family Law Act 1975. It includes making major long-term decisions about the child’s welfare, such as:
- Education
- Health and medical care
- Religion and cultural upbringing
- Living arrangements that significantly affect the child’s development
- Name changes
Living Arrangements:
- Where the children will live and with whom.
- How time will be shared between parents.
- Day-to-day care and supervision.
Communication and Contact:
- How parents will communicate with each other regarding their children, and how they will communicate with their children while the children are in the care of the other parent.
- Arrangements for the involvement and contact of extended family members.
Handover Arrangements:
- When, where and how the children will move between each parent’s care.
Schooling, School Holidays, Travel and Special Occasions:
- Plans for schooling, how school holidays are shared, rules for local or overseas travel, and how time is spent on special occasions like birthdays, Christmas, Easter, and Mother’s and Father’s Day.
Others:
- Parents can agree on their own tailored arrangements based on what works best for their children and unique family situation.
Courts consider the Family Law Act 1975, prioritising children’s safety, stability, and emotional wellbeing. The aim is to encourage cooperative parenting where possible while protecting children from harm.
A Well-Prepared Post-Separation BFA Can Document:
- Who keeps what (property, savings, vehicles, business interests)
- Who pays what (loans, credit cards, tax debts, liabilities)
- Superannuation (including splitting arrangements where relevant)
- Timing and steps for transfers, payouts, refinancing, and practical implementation
When a Post-Separation BFA Is Often the Right Move
This option is commonly considered when:
- You want to finalise matters quickly without a long court process
- You’ve reached an agreement privately or through mediation and now want it legally locked in
- One party is pushing for a fast outcome and the other needs protection against being rushed or pressured
- There’s a risk of delays, stalling, or backtracking
- There are complicated assets (business interests, trusts, overseas assets, family loans)
What We Focus On (so it doesn’t fall apart later)
Post-separation agreements need to be handled carefully. We focus on the details that reduce future dispute and challenge risk, including:
- Full and frank disclosure (because missing or misleading information can undermine the agreement)
- Clear drafting around timing, conditions, and responsibilities
- Practical steps for implementation (e.g., refinance deadlines, sale processes, transfer documents)
- Making sure the agreement is structured to match your real-world goals - not just “legal words on paper”
Common Triggers We See
Many post-separation agreements collapse because of:
- “We agreed… but now they’re asking for more.”
- “They won’t sign unless I give up something extra.”
- “They’re delaying the refinance / transfer / payout.”
- “I’m worried I’ll be stuck paying their debts.”
- “They’re threatening court if I don’t accept their terms.”
- “They say they disclosed everything… but I’m not convinced.”
If any of these sound familiar, it’s often the right time to get advice before you sign anything or commit to a settlement structure you can’t undo later.
Finalise Your Settlement with Clarity and Protection.
Talk to us about a Post-Separation BFA.
Why Choose Honest Grace Legal?
We know BFAs can be sensitive and high-stakes. Our team supports you with:
Clear Advice
Understand your options and likely risks before you sign anything
Strong Drafting
Terms built to be practical enforceable and aligned with your intentions
Dispute Prevention
Careful disclosure and structure to reduce future conflict and challenge risk
Common Questions About BFAs
What is a Binding Financial Agreement (BFA), and when can it be made?
A Binding Financial Agreement (BFA) is a legal agreement that sets out how assets, debts, and financial resourceswill be handled if a relationship breaks down. It can be made before a relationship (pre-relationship/prenup), during the relationship, or after separation.
Why do people choose a BFA instead of “sorting it out later”?
A well-prepared BFA can reduce uncertainty and future disputes by clearly setting expectations upfront. People often use BFAs to protect assets brought into the relationship, manage family wealth, business interests, inheritances or trusts, and clarify how property, debts, and financial support will be handled if things change.
What makes a BFA valid and less likely to be challenged?
BFAs must be prepared carefully. We focus on the key factors that reduce the risk of the agreement being overturned later, including clear drafting, full and frank financial disclosure, realistic terms, and practical risk management - especially for post-separation BFAs, where delays, pressure, or missing information can cause agreements to fall apart.
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