Imagine this…

You own a home before meeting your partner. Years later, you’ve built a life together — but you want to make sure your children from a previous relationship still inherit that home if things don’t work out. Or perhaps you and your partner are happily married, but you’d like clear agreements in place to reduce stress and uncertainty in the future.

That’s where a Binding Financial Agreement (BFA) comes in.

A BFA is a legally enforceable agreement under the Family Law Act 1975 (Cth). It allows couples to set out how property, superannuation, debts and even spousal maintenance will be managed if the relationship ends. Importantly, a BFA isn’t just for couples about to marry — it can be made:

• Before a marriage or de facto relationship (to protect existing assets or businesses).

• During a marriage or de facto relationship (sometimes called a “post-nup,” giving financial clarity while the relationship continues).

• After separation or divorce (to finalise property and financial settlements without going to court).

Why would someone need a BFA?

• Certainty and control – Instead of leaving decisions to the Family Court, you and your partner decide how finances will be divided.

• Protecting assets and businesses – A BFA can safeguard property, family businesses, or inheritances for the future.

• Peace of mind for blended families – Couples with children from previous relationships often use BFAs to make sure everyone’s interests are protected.

• Avoiding costly disputes – Setting clear financial arrangements now can save thousands in legal fees and months of stress later.

• Flexibility for your circumstances – BFAs can address property, superannuation, debts and even ongoing spousal maintenance.

What are Parenting Orders?

Parenting Orders are court-issued, legally binding directions about a child's care and welfare. They address:

• Where the child lives

• Time spent with each parent

• Parental responsibility (major decisions like education, health, religion)

• Communication methods (calls, video chats)

• Other child welfare issues (travel, schooling, medical treatment)

Parenting Orders are enforceable by law, requiring compliance from both parents.

Why Parenting Orders are Needed

While some parents agree through discussion or mediation, disputes can occur. Parenting Orders provide:

• Clarity and certainty of arrangements

• Legal enforceability if orders are breached

• Protection for children from unsafe situations

Parenting Orders and the Best Interests of the Child

When parents separate, the key issue is child care. Australian law prioritizes safe, stable relationships with both parents while protecting children from harm. Parenting arrangements can be informal, via mediation, or set by the Federal Circuit and Family Court through Parenting Orders.

Best Interests of the Child

The Family Law Act 1975 (Cth) mandates the child's best interests as the main focus. Courts consider:

• The benefit of meaningful relationships with both parents.

• The need to protect the child from harm, abuse, neglect, or family violence (this takes precedence).

Other factors include:

• The child’s views, age, and maturity.

• The child's relationship with parents and key others (e.g., grandparents).

• Each parent's ability to meet emotional and physical needs.

• Impact of changes in living arrangements.

• Practical issues like distance, schooling, and quality time with each parent.