Protect Your Assets Before You Say ‘I Do’

Under Section 90B of the Family Law Act 1975, couples who intend to marry can secure a Binding Financial Agreement that protects pre-marital wealth, business interests, and family assets — giving you both certainty and peace of mind before the ceremony.

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Section 90B

What Is a Section 90B Agreement?

Under the Family Law Act 1975, Section 90B allows couples who intend to marry to make a binding agreement about how their property and financial resources will be divided if the relationship ends — without the need for court proceedings.

A Section 90B agreement is specifically designed for couples who have not yet married. It allows you to set out, in advance, how your assets, liabilities, and financial resources will be treated should the marriage break down. This provides both parties with certainty and removes the need for costly and emotionally draining court proceedings.

For high net worth individuals, this is an essential tool for protecting business interests, investment portfolios, family trusts, and inherited wealth that you’ve spent years building. A properly executed Section 90B agreement is legally binding and enforceable across all Australian states and territories where we operate.

Legal Requirements
  • Must be made before the marriage ceremony
  • Must include full financial disclosure from both parties
  • Both parties must receive independent legal advice
  • A certificate must be signed by each party’s lawyer
Asset Protection

What Can Be Protected

A Section 90B agreement can cover virtually any asset or financial resource. For high net worth individuals, this typically includes complex and diverse holdings.

Real Property & Investments

Residential, commercial, and investment properties along with share portfolios and managed funds.

Business Interests & Shares

Company equity, partnership interests, sole trader businesses, and director-related entitlements.

Self-Managed Super Funds

SMSF balances, investment strategies, and pension entitlements within superannuation structures.

Trust Structures & Family Trusts

Discretionary trusts, unit trusts, and family trust distributions — protecting intergenerational structures.

Intellectual Property & Royalties

Patents, trademarks, copyright income, and licensing arrangements that generate ongoing revenue.

Inheritance & Family Gifts

Wealth received from family estates, gifted property, and expected future inheritances.

Pre-Relationship Savings

Bank accounts, term deposits, and savings accumulated before the relationship commenced.

Future Income Protection

Strategies to address income growth, bonuses, and financial resources that may accrue during the marriage.

Why It Matters

With vs Without a BFA

Understanding the difference a Binding Financial Agreement can make to your financial security and peace of mind.

Factor With a BFA Without a BFA
Asset Protection ✓ Assets divided per your agreed terms ✗ Subject to court discretion under s79
Court Involvement ✓ No court proceedings required ✗ Potentially lengthy litigation
Privacy ✓ Completely private document ✗ Court proceedings on record
Cost ✓ Known, upfront investment ✗ Unpredictable legal costs (often $50k–$500k+)
Time to Resolve ✓ Terms already agreed — swift resolution ✗ 12–36+ months through family court
Certainty ✓ Both parties know the outcome in advance ✗ Outcome entirely at the judge’s discretion
Emotional Impact ✓ Reduces conflict and uncertainty ✗ Often adversarial and highly stressful
Is This for You?

Who Needs a Pre-Marriage BFA

A Section 90B agreement is particularly important if any of the following apply to your situation.

Entering a Second Marriage

  • Protecting assets accumulated during your first marriage
  • Safeguarding your children’s inheritance from a prior relationship
  • Clarity on financial boundaries learned from experience

Significant Asset Disparity

  • One partner has substantially more wealth than the other
  • Pre-existing property or investment portfolios
  • Ensuring fairness while maintaining protection for both

Business Owners & Founders

  • Protecting business equity, goodwill, and operational control
  • Shielding co-founders, partners, and shareholders from disputes
  • Ensuring business continuity regardless of personal circumstances

Expected Inheritance

  • Family wealth or property expected to be passed down
  • Preserving intergenerational assets for your bloodline
  • Meeting family expectations around estate planning

International Assets

  • Property, investments, or business interests held overseas
  • Multi-jurisdictional wealth requiring coordinated protection
  • Cross-border complexity that courts may struggle to resolve

Secure Your Future Before You Walk Down the Aisle

Start with a confidential, no-obligation assessment. We’ll help you understand your options and craft a bespoke agreement tailored to your circumstances.

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Common Questions

Frequently Asked Questions

Answers to the most common questions about Section 90B Binding Financial Agreements before marriage.

A Section 90B Binding Financial Agreement is a legally enforceable contract made under the Family Law Act 1975 between two people who intend to marry. It sets out how property and financial resources will be divided if the marriage breaks down, without needing to go to court. It is the Australian equivalent of what is commonly called a “prenup”.
A properly drafted BFA is very difficult to overturn. However, a court may set aside a BFA if there was fraud, failure to disclose material assets, if one party did not receive independent legal advice, or if the agreement is unconscionable. This is why expert drafting and full compliance with all legal requirements is essential — and why we invest significant care in every agreement we prepare.
Yes. Under the Family Law Act 1975, both parties must receive independent legal advice (ILA) from separate, qualified legal practitioners before signing a BFA. Each lawyer must sign a certificate confirming that advice was given about the effect of the agreement on that party’s rights and the advantages and disadvantages of making the agreement. We can facilitate independent legal advice for your partner through our network.
We recommend starting the process at least 3 to 6 months before your wedding date. This allows adequate time for financial disclosure, drafting, negotiation, independent legal advice for both parties, and execution without any appearance of undue pressure — which could be grounds for the agreement to be challenged. Starting early also demonstrates good faith on both sides.
A well-drafted Section 90B agreement can address assets acquired between signing and the marriage ceremony. It can also include provisions for assets acquired during the marriage itself. We tailor each agreement to cover these transitional periods, ensuring comprehensive protection with no gaps in coverage.
Disclaimer: This website provides general information about Binding Financial Agreements under Australian law. It does not constitute legal advice. Every individual’s circumstances are different, and you should obtain independent legal advice specific to your situation. Accord Private facilitates the preparation of BFAs through qualified legal practitioners. Service available in NSW, VIC, QLD, TAS, ACT & NT. Not available in WA or SA.