Ending with Intention: A Conscious Guide to Releasing Your Binding Financial Agreement

Binding Financial Agreements (BFAs)—commonly known as prenups or financial agreements—can be an excellent tool for protecting your assets, planning for the future, and setting clear financial boundaries in your relationship. But what happens when life evolves and the agreement no longer aligns with your values or circumstances?

Whether you've grown together or grown apart, exiting a Binding Financial Agreement isn’t as simple as walking away. In Australia, you’ll need a Termination Agreement to formally and legally bring a BFA to an end.

Let’s walk you through what that looks like—and why it can be a powerful step forward.

Why You Might Want to Exit a BFA

There are many reasons a couple may want to part ways with their existing financial agreement. A few examples include:

• 👶 Expanding your family unit and deciding to build your financial legacy together

• 💍 Getting married and wishing to restructure your financial arrangements with deeper integration

• 💔 Separating amicably and wanting a new agreement that reflects your current circumstances

• 🌱 Evolving life plans where the old terms no longer serve or support your shared or individual goals

Whatever the reason, ending a BFA can be a clean, conscious way to close off outdated terms and step into a new chapter—together or apart.

What Is a Termination Agreement?

A Termination Agreement is a legal document that formally ends a Binding Financial Agreement. It must:

• Be in writing

• Be signed by both parties

• Include a certificate from each party’s independent lawyer confirming that legal advice was given

That last part is not optional—independent legal advice is required by law to ensure both parties understand their rights and obligations before terminating the BFA. This helps safeguard the process and ensures everything is done with informed consent and fairness.

4 Simple Steps to Exit a BFA

Here’s how it works:

1. 📝 Put it in writingA formal Termination Agreement must be drafted to legally cancel the BFA.

2. ✍️ Both parties signYou and your former (or current) partner must both agree and sign the document.

3. ⚖️ Get independent legal adviceEach party must receive legal advice from separate lawyers before the agreement is valid.

4. 📂 Keep a signed copyOnce the process is complete, hold onto a signed copy for your records—it’s your proof that the original BFA is no longer in effect.

Conscious Uncoupling, Aligned Agreements

At Gaia Law, we believe legal transitions can be done with compassion, clarity and care. Whether you’re moving forward together or parting ways peacefully, we support you in navigating the legal side of your transformation—without the stress.

We offer:

✔️ Fixed Fee Termination Agreements✔️ Tailored advice for your unique situation✔️ A warm, heart-led approach to legal services

Let’s Close the Chapter, Consciously

If you're ready to move on from your Binding Financial Agreement, we’re here to guide you through it with clarity, kindness and legal precision.

Disclaimer
This article is for general informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for legal advice tailored to your individual circumstances. Reading this article or contacting Gaia Law in response does not create a solicitor-client relationship. We recommend seeking independent legal advice before making any decisions regarding your parenting or family law arrangements.