The cost of a BFA in Australia typically ranges from $3,795 for a fixed-fee solicitor-vetted agreement to $15,000 or more at hourly-rate law firms, depending on asset complexity and negotiation time.
The cost of a BFA in Australia varies significantly depending on how you approach it. A fixed-fee, solicitor-vetted agreement typically starts from around $3,795 for both parties combined. At a traditional hourly-rate firm, the same agreement can cost $8,000 to $15,000 or more. The difference is not the quality of the legal work. It is the billing model. Understanding what drives the cost helps you make a better decision.
The Family Law Act 1975 is non-negotiable on this point: a BFA is only legally binding if both parties receive independent legal advice from separate lawyers, and each lawyer signs a Section 90G certificate confirming that advice was given. There is no way to cut this requirement without rendering the agreement unenforceable.
This means you are always paying for at least two lawyers, one for each party. In a fixed-fee model, both are included in the quoted price. In an hourly-rate model, both parties are billing separately at their firm’s rates, which is where costs can escalate unpredictably.
• Asset complexity: A straightforward agreement covering a home and superannuation takes less time to draft and review than one involving a family trust, a business, foreign assets, or a mix of pre- and post-relationship contributions.
• Level of negotiation: If both parties broadly agree on the terms before approaching lawyers, the legal work is primarily drafting and review. Extended disagreement between parties, handled through lawyers at hourly rates, is where costs can multiply quickly.
• Number of redrafts: Each round of revisions adds time. Using a well-structured template as a starting point reduces the number of drafts.
• Urgency: Rush preparation, common when a BFA is requested shortly before a wedding, can attract premium fees at some firms.
Fixed-fee models (like AussieLegal’s BFA Plus) include a solicitor-drafted template, guidance through the disclosure process, independent legal advice for both parties, and the mandatory Section 90G certificates. All for a single upfront price with no billing surprises.
Hourly-rate models at traditional firms charge for every email, phone call, and document review in six-minute increments. For a standard BFA with no disputed terms, this can still reach $10,000+. For a complex or contested agreement, there is no ceiling.
A BFA prepared without proper legal advice, without full financial disclosure, or without the mandatory certificates is not legally binding. If it is challenged and set aside in court, you are back to a full property settlement, where litigation costs routinely exceed $50,000. The upfront investment in a properly executed BFA is an insurance policy against a far larger potential expense.
The single biggest cost blowout we see is people comparing quotes without checking what’s actually included. A cheap headline price that doesn’t cover independent legal advice for both parties, or doesn’t include the mandatory certificates, isn’t a complete BFA at all. It’s a draft you’ll still need to pay to finish properly. Always ask what’s included before you compare two prices side by side.
The second common mistake is trying to negotiate the terms informally between yourselves first, then bringing lawyers in once positions have hardened. Lawyers can usually work faster and cheaper when they’re involved from the start, guiding the conversation rather than untangling a disagreement that’s already become personal. Couples who agree on the outcome before contacting lawyers almost always spend less.
The third is patchy financial disclosure. If documents trickle in over weeks rather than arriving as a complete set upfront, your lawyers spend time chasing paperwork instead of drafting. And that time is billed either way, fixed-fee or hourly. Before contacting a lawyer, pull together bank statements, super statements, and any business or trust documents into one folder.
A couple is getting married and want a straightforward prenup. Between them they have a car, some shared savings, and their respective superannuation balances: no business, no trust, no property yet. They’ve already agreed on the broad terms between themselves: each keeps what they brought in, and anything acquired together during the marriage is split evenly. Their BFA moves through drafting, disclosure, and independent advice quickly, landing close to the base fixed-fee price.
A second couple is in a very different position. They jointly run a business through a family trust, own an investment property, and disagree about how the business should be valued for the purposes of the agreement. Their lawyers need more time to work through valuation questions, trust structures, and several rounds of redrafting before both parties are ready to sign. What started as a simple request turns into a longer process simply because the underlying assets are more complicated.
Same legal requirements apply to both couples (both need their own lawyer, both need a signed certificate) but the complexity of the assets and how much the couple already agrees on is what moves the price, not which firm you use.
No. A BFA is only legally binding if both parties receive independent legal advice from separate lawyers who each sign the required certificate. A DIY agreement without this step isn’t enforceable, no matter how carefully it’s written: and if it’s ever challenged, you’ll have spent time and money on a document with no legal effect at all.
The agreement will not be legally binding. Either party can apply to the Family Court for a property settlement as if the agreement does not exist. A failed DIY BFA often leads to contested proceedings costing far more than the original agreement would have.
No. And attempting to do so voids the agreement. The Family Law Act requires independent legal advice for both parties and signed Section 90G certificates from their respective lawyers. Without these, the agreement is unenforceable.
Not necessarily. What matters for enforceability is genuine independent advice, full financial disclosure, and no duress, not the size of the invoice. Price reflects the billing model and asset complexity far more than legal quality.
Yes, this is common and usually agreed between the couple upfront, either split evenly or in whatever proportion you agree on. Raise it early with your provider so there’s no confusion about who’s paying for what, and confirm whether the fixed fee already assumes an even split or a single combined invoice. This is general information, not legal advice.
Yes. The legal requirements and process are identical for de facto couples and married couples. The cost depends on asset complexity and negotiation, not the relationship type.
A straightforward BFA with agreed terms typically takes two to four weeks from instruction to execution. More complex agreements, or where significant negotiation is required, can take six to eight weeks or longer.
AussieLegal’s BFA Plus includes independent legal advice and mandatory Section 90G certificates for both parties at one fixed price. Call 1300 728 200 for a no-obligation discussion about your specific situation.
A fixed-fee model delivers the same legal compliance as an hourly-rate firm at a fraction of the cost. The price difference is a billing model difference, not a quality difference.
The cheapest BFA isn’t a good BFA, it’s an unenforceable one. Both parties need their own independent lawyers who each sign a certificate. Without those certificates the agreement can be set aside as if it never existed, and the cost of that failure, litigation, dwarfs any original saving.
AussieLegal’s BFA Plus includes the drafting kit, independent legal advice for both parties, and mandatory certificates, all for a fixed fee.
