---
title: "Binding financial agreement (marriage or de facto) with statement of independent legal advice"
url: "https://ailawframework.com/precedents/family-law/binding-financial-agreement"
type: "precedent"
site: "AI Law Framework"
id: "a16-binding-financial-agreement"
area_id: "A16"
kind: "agreement"
ai_level: "red"
version: 1
law_stated_as_at: "2026-10-17"
---

# Binding financial agreement (marriage or de facto) with statement of independent legal advice

> Financial agreement under Part VIIIA or VIIIAB of the Family Law Act, with property schedules, maintenance and superannuation options, a separation declaration and the s 90G statement of independent legal advice.

Canonical page: https://ailawframework.com/precedents/family-law/binding-financial-agreement  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Agreement. A contract between two or more parties.
- Practice area: [Family Law](https://ailawframework.com/precedents/family-law.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Red. Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 6 authorities it cites, for Australia and Commonwealth.

## When to use it

Use as a first draft for a pre-nuptial, during-relationship or post-separation financial agreement once terms are settled. Do not use where there is pressure, a looming wedding date with no time to consider, family violence, or incomplete disclosure: those facts risk the agreement being set aside.

## How AI may be used

Lawyer-led. AI may compare the lawyer's draft against the settled terms and verified disclosure and list gaps. It must not draft or redraft the operative clauses, and it can never give or replace the s 90G independent legal advice.

**AI may:**

- Compare the lawyer's draft with the settled terms and list matters the terms do not cover
- Reconcile the property schedules with the disclosure documents the lawyer has verified and flag missing values or certificates
- Check that the section the agreement is expressed to be made under matches the relationship facts in the recitals

**AI must not:**

- Must not draft or redraft operative clauses
- Must not give, script or summarise the s 90G advice to the client
- Must not process the other party's financial disclosure in a tool that may retain or train on it
- Must not assess whether the agreement is fair or likely to be set aside

**The lawyer checks:**

- Correct section (90B, 90C, 90D or 90UB, 90UC, 90UD) and a separation declaration where s 90DA or s 90UF applies
- Independent advice given before signing, signed statement, and copy exchanged (s 90G(1) or s 90UJ)
- Disclosure, timing and pressure risks identified in Thorne v Kennedy
- Superannuation and maintenance provisions comply with Part VIIIB and ss 90E, 90F

## Authorities

- [Family Law Act 1975 (Cth) ss 90B, 90C, 90D (financial agreements before, during and after marriage)](https://www.legislation.gov.au/C2004A00275/latest/text)
- [Family Law Act 1975 (Cth) ss 90DA, 90E, 90F (separation declaration; maintenance provisions)](https://www.legislation.gov.au/C2004A00275/latest/text)
- [Family Law Act 1975 (Cth) s 90G (when financial agreements are binding: independent legal advice and signed statements)](https://www.legislation.gov.au/C2004A00275/latest/text)
- [Family Law Act 1975 (Cth) ss 90H, 90J, 90K (death, termination, setting aside)](https://www.legislation.gov.au/C2004A00275/latest/text)
- [Family Law Act 1975 (Cth) ss 90UB, 90UC, 90UD, 90UF, 90UH, 90UI, 90UJ, 90UK, 90UL, 90UM (de facto financial agreements)](https://www.legislation.gov.au/C2004A00275/latest/text)
- [Thorne v Kennedy 2017 HCA 49 (agreements set aside for undue influence and unconscionable conduct)](https://www.hcourt.gov.au/cases-and-judgments/judgments/judgments-1998-current/thorne-v-kennedy)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/family-law/binding-financial-agreement and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*