Can a Lawyer Just Sign Off on My Binding Financial Agreement?

If you’re googling phrases like “binding financial agreement signed off by lawyer” or “can a lawyer just witness my prenup?” – you’re not alone. At Umbrella Family Law, we’re often contacted by people who’ve already drafted an agreement with their partner and are now looking for a lawyer to “sign off on it.” But the process for preparing or finalising a Binding Financial Agreement (BFA) isn’t quite that simple.

Let’s break down what you can do yourself, what you need a lawyer for, and why both parties must have their own independent legal representation – whether it’s a prenup before a relationship or a property settlement after separation or divorce.

What Is a Binding Financial Agreement?

A Binding Financial Agreement (BFA) is a legal document under the Family Law Act 1975 that allows couples to agree on how their assets, liabilities, and financial resources will be divided in the event of separation. These agreements can be made:

• Before a relationship (a prenup)
• During a relationship
• After separation or divorce (sometimes referred to as a postnup)

They can cover everything from how a home will be dealt with to whether one person will pay the other spousal maintenance.

Can I Write the Agreement Myself and Just Get a Lawyer to Sign It?

This is the number one question we encounter.

While you and your partner are absolutely encouraged to have a conversation and even draft out what you’d like to include, a lawyer cannot simply sign off on an agreement someone else wrote. Why?

Because for a Binding Financial Agreement to be valid under Australian law, each party must receive independent legal advice from their own lawyer about:

• The effect of the agreement on their rights
• The advantages and disadvantages of entering into the agreement
• Whether the agreement is in their best interests

Your lawyer’s job isn’t just to witness your signature – it’s to ensure the agreement is legally sound and that you understand what you’re agreeing to. This includes reviewing every clause, assessing whether it fairly protects your interests, and providing tailored legal advice.

A lawyer who simply “signs off” without this process is not fulfilling their legal obligations – and you could end up with an agreement that’s unenforceable, or worse, one that puts your financial future at risk.

Why Do We Need Separate Lawyers?

Because there’s an inherent conflict of interest in representing both people in a relationship breakdown or financial negotiation. One lawyer cannot act in the best interest of both parties.

Having separate lawyers ensures:

• You receive independent advice focused on your individual situation
• No bias or pressure is present in the process
• The agreement is less likely to be challenged later on grounds of duress or unfairness

Even if you both agree on the terms, your lawyer still has to assess whether those terms are appropriate for you – not just whether you understand them, but whether they make legal and financial sense given your circumstances.

What’s the Process for Getting a Binding Financial Agreement?

Here’s what you can expect if you’re looking to have a BFA prepared or reviewed:

Initial Discussion: You and your partner can talk about what you’d like included and even draft a simple version or outline of your preferred terms.

Engage Separate Lawyers: Each of you must engage your own independent family lawyer. This area of law is complex, so it’s important to work with someone experienced in Binding Financial Agreements.

Legal Review & Advice: Your lawyer will either:

• Review the agreement if it has been drafted by your partner’s lawyer, or

• Draft the agreement from scratch if that hasn’t been done yet.

In either case, your lawyer will:

• Go through the agreement line by line

• Explain your rights and entitlements

• Advise you on the fairness and legality of the terms

• Suggest any changes or improvements to protect you

Negotiation (If Needed): If changes are recommended, the lawyers will communicate on your behalf to finalise the terms.

Signing the Agreement: Once both parties are satisfied and have received independent legal advice, the agreement is signed, with a certificate of legal advice attached from each lawyer.

When Is a Binding Financial Agreement Legally Binding?

For a BFA to be legally binding in Australia, it must:

• Be in writing
• Be signed by both parties
• Include a certificate of independent legal advice for each person
• Comply with all relevant sections of the Family Law Act 1975

If it fails any of these requirements, it may be set aside by a court – especially if one party didn’t understand the implications or felt pressured into signing.

Can You Use a Template You Found Online?

Online templates can be helpful to start a discussion, but they are often not sufficient for a legally binding agreement. Many templates aren’t compliant with Australian law, and even those that are must be tailored to your specific financial and personal circumstances.

Your lawyer may use your template as a starting point, but they’ll need to review, amend, and provide full legal advice before it can be finalised.

Ready to Get Started?

At Umbrella Family Law, we’ve helped countless individuals and couples through the process of preparing or reviewing Binding Financial Agreements – whether it’s before moving in together or after a relationship ends. We’ll guide you with compassion, clarity, and a focus on making the process as smooth and stress-free as possible.

If you’re wondering:

• Can a lawyer just sign off on our agreement?
• Do we really need separate lawyers?
• What’s involved in making a prenup or post-separation agreement legally binding?

we’re here to answer those questions and help you protect your future.

Contact us today to book an initial consultation with one of our experienced lawyers.