Strengthen Your Partnership with Financial Clarity

Whether you’re married or in a de facto relationship, it’s never too late to create a Binding Financial Agreement. Section 90C (married) and Section 90UB (de facto) agreements provide certainty about how your assets will be treated — protecting both of you, at any stage of your relationship.

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Sections 90C & 90UB

Understanding During-Relationship BFAs

The Family Law Act 1975 provides two distinct sections for couples who want to create a Binding Financial Agreement during an existing relationship.

Section 90C

For Married Couples

Section 90C allows married couples to make a Binding Financial Agreement at any time during their marriage. Whether you’ve been married for one year or twenty, you can establish legally binding terms for how your property, finances, and spousal maintenance will be handled if the relationship ends.

  • Available at any point during the marriage
  • Can replace or amend a prior Section 90B agreement
  • Covers property, super, and spousal maintenance
Section 90UB

For De Facto Couples

Section 90UB provides the same protections for de facto couples, including same-sex relationships. De facto partners have their own provisions under the Family Law Act, and a BFA under this section ensures your financial arrangements are just as legally binding as those for married couples.

  • Applies to all de facto relationships
  • Includes same-sex couples
  • Mitigates the 2-year limitation for property claims
Same Legal Requirements Apply

Both Section 90C and 90UB agreements require full financial disclosure from both parties, independent legal advice for each party from separate lawyers, and signed certificates from each lawyer confirming that advice was given. These requirements are essential for the agreement to be legally binding and enforceable.

Life Changes

Why Create a BFA During Your Relationship

Circumstances change. A during-relationship BFA allows you to address new financial realities and protect both parties as your lives evolve together.

Significant Change in Wealth

  • Business success has significantly increased one partner’s net worth
  • A substantial inheritance has been received during the relationship
  • Investment portfolio growth has changed the financial landscape

Starting a New Business

  • One partner launching a business venture during the relationship
  • Protecting the non-business partner from business liabilities
  • Defining how business growth will be treated if the relationship ends

Children from Previous Relationships

  • Ensuring specific assets are preserved for children from a prior relationship
  • Defining what each partner’s children will inherit independently
  • Creating clarity that benefits both blended family units

Changes in Property Ownership

  • Significant property purchases or sales during the relationship
  • Redefining ownership of jointly or individually held property
  • Addressing renovation or development investments in one partner’s property

Retirement & Superannuation Planning

  • Complex superannuation structures including SMSFs
  • Significant disparity in super balances between partners
  • Approaching retirement with a need for financial certainty
Comprehensive Coverage

What’s Covered in a During-Relationship BFA

A during-relationship agreement can address the full spectrum of your financial circumstances, with particular emphasis on assets acquired and changes that occurred within the relationship.

Assets Acquired During Relationship

Property, investments, and financial resources obtained since your relationship began — defining what is joint and what remains separate.

Business Growth During Relationship

Increased business value, goodwill, and equity that has accrued during the relationship, including new ventures and expansions.

Spousal Maintenance Provisions

Terms for financial support following separation, including duration, amount, and circumstances that may vary the arrangement.

Joint vs Separate Property

Clear delineation of which assets are shared and which belong exclusively to each party, eliminating ambiguity and future disputes.

Superannuation & Retirement

Treatment of superannuation interests including SMSFs, pension entitlements, and superannuation splitting arrangements.

Inheritances & Gifts Received

Wealth received during the relationship from family estates, gifts, or windfalls — ensuring it stays protected as intended.

Know the Difference

De Facto vs Married Couples

While both types of BFAs serve the same fundamental purpose, there are important distinctions in how the law treats married and de facto relationships.

Aspect Married (s90C) De Facto (s90UB)
Governing Section Section 90C, Family Law Act 1975 Section 90UB, Family Law Act 1975
When Available Any time during the marriage Any time during the de facto relationship
Includes Same-Sex ✓ Yes ✓ Yes
Property Claim Limitation 12 months after divorce 2 years after separation
Independent Legal Advice ✓ Required for both parties ✓ Required for both parties
Financial Disclosure ✓ Full disclosure required ✓ Full disclosure required
Spousal Maintenance ✓ Can be included ✓ Can be included
Important: The 2-Year Rule for De Facto Couples

After a de facto relationship ends, parties generally have only 2 years from the date of separation to apply to the court for property settlement. After this period, you need leave of the court to proceed. Having a BFA in place removes this pressure entirely — your terms are already agreed upon, regardless of when separation occurs.

Clarity Today, Confidence Tomorrow

It’s never too late to protect what matters most. Start with a confidential assessment and discover how a during-relationship BFA can strengthen your partnership.

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Common Questions

Frequently Asked Questions

Answers to common questions about creating a Binding Financial Agreement during a marriage or de facto relationship.

Yes. Under Section 90C of the Family Law Act 1975, married couples can enter into a Binding Financial Agreement at any time during their marriage. There is no deadline or time limit — you can create a BFA whether you’ve been married for one year or twenty years. It’s never too late to protect your financial interests.
Section 90C applies to legally married couples, while Section 90UB applies to de facto couples (including same-sex relationships). Both serve the same purpose — setting out how property and financial resources will be divided — but operate under different sections of the Family Law Act 1975. The legal requirements for validity are essentially the same: full financial disclosure, independent legal advice for both parties, and signed certificates from each party’s lawyer.
If you already have a Section 90B (pre-marriage) agreement, a Section 90C agreement made during the marriage can supersede or amend it. If you didn’t create a prenup before your wedding, a Section 90C agreement offers the same type of protection and can be made at any point during the marriage. It’s never too late to protect your assets.
For straightforward matters, the process typically takes 4 to 8 weeks from initial consultation to execution. More complex asset structures involving multiple businesses, trusts, or international holdings may require additional time for proper financial disclosure and drafting. We work efficiently while ensuring every detail is correct and the agreement will withstand any future challenge.
After a de facto relationship ends, parties generally have only 2 years from the date of separation to make an application to the court for property settlement. After this period, leave of the court is required, which adds complexity and uncertainty. Having a BFA in place removes this issue entirely, as the terms are already agreed upon regardless of when separation occurs or how long it has been since.
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.