Binding financial agreement vs consent orders

Agreed on your split? Make it official.

For separating couples who broadly agree, SplitPlus brings document preparation, family lawyer review and court filing into one fixed-fee service.

Check if Split Ways fits When a BFA may fit

SplitPlus A$1,699 including GST, plus A$215 court fee.

Three ways to formalise an agreement. Choose the support that fits.

Split Ways helps you apply for consent orders. A binding financial agreement (BFA) is a different legal arrangement, prepared with independent lawyers.

Manage the application yourself

DIY consent orders

For people comfortable with forms and filing.

Court fees, plus any advice you arrange

You prepare the application and proposed orders.
You arrange any independent legal advice or document review.
You file the documents and manage court correspondence.
You check and follow the court’s requirements yourself.

Read the court’s filing guide

For an agreed property split

Split Ways SplitPlus

Lawyer review and filing, included.

A$1,699 including GST

Plus A$215 court fee. Total A$1,914.

Plain-English questions to prepare your consent-order documents.
A family lawyer reviews your agreement before filing.
Court filing is included in the SplitPlus service.
An optional introductory call after checking suitability.

Check if Split Ways fits See all package inclusions

A private financial agreement

Binding financial agreement

For needs suited to a legal contract.

Individually quoted legal fees

Can be made before, during or after a relationship.
Can cover all financial matters or selected issues.
Each person must receive independent legal advice.
Technical requirements apply, without an initial court approval process.

See when a BFA may fit

Your agreement deserves professional review.

Our 100% digital process automates information gathering and preliminary drafting. We focus lawyer expertise where it matters most and pass the savings on to you.

For an agreed property split, SplitPlus combines document preparation, family lawyer review and filing in one fixed-fee service.

Both consent orders and BFAs require agreement. Consent orders need court approval; legal advice is recommended even if you apply yourself. A BFA needs independent advice for each person and must meet legal requirements. The SplitPlus fee covers the stated service, not separate advice for both people or other professional and transaction costs. Court fees may be exempted where eligible. Sources: consent orders and financial agreements.

Start with what you want to achieve.

Formalising a separation

Split Ways is built for couples who agree.

You want to turn agreed property terms into an application for consent orders, with a family lawyer reviewing the documents and the filing handled for you.

You have separated and broadly agree on a property split.
You can both participate freely and provide complete financial information.
You want online preparation, a clear fee and professional review.

All terms need to be resolved before applying. The court decides whether to make the orders.

Check if Split Ways fits

Planning financial arrangements

A BFA may be worth discussing with a lawyer.

You may be planning before or during a relationship, or exploring a contract for particular financial issues. BFAs can also be used after separation.

For example, someone planning to marry may want advice about an agreement for a future separation. That need is outside Split Ways’ post-separation consent-order service.

Ask whether a BFA’s scope and legal effect suit your objectives. Having complex assets alone does not decide which mechanism is appropriate.

Find independent legal advice

If consent orders are your next step

You bring the agreement. We help with the application.

Start with the terms you have already discussed. There is no need to complete a new property estimate first.

Check the service fits, compare support and see the fee before paying. If you want reassurance about the service, you can request an introductory call after the suitability questions.

Prepare to formalise your agreement

01
Check suitability
Verify your email and answer questions about your circumstances.
02
Choose the support you want
SplitPlus includes preparation, lawyer review and filing. See the total before you commit.
03
Prepare, sign and apply
Provide complete information and review the documents. After the required signing steps, the application can be filed for the court to consider.

Before choosing a BFA or consent orders

Is a binding financial agreement the same as consent orders?

No. A BFA is a private financial agreement that must meet legal requirements. Consent orders are orders made by a court after considering the proposed terms. Split Ways helps with consent-order applications; its packages do not provide a BFA.

When is Split Ways a good fit?

Split Ways is designed for separating couples with a broadly agreed property split who can participate freely and provide complete financial information. SplitPlus combines online preparation, family lawyer review and filing. All terms need to be resolved before applying. Start with the suitability questions to check whether the service fits.

When might a BFA suit us?

BFAs can be made before, during or after a relationship and can address all or selected financial issues. If you are planning financial arrangements before marriage or exploring a private contract for particular issues, ask a family lawyer whether a BFA suits your objectives. Each person needs independent legal advice. Complex assets alone do not determine the right option.

Do both people need independent legal advice?

For a BFA, independent legal advice for each person is a mandatory requirement. Advice is not compulsory to file for consent orders, but the court recommends it. SplitPlus document review does not mean both people receive independent advice about whether to accept the settlement. Confirm who the lawyer acts for and the scope of the engagement.

Does the court approve the agreement?

Consent orders require court approval. The court must be satisfied that proposed property orders are just and equitable; agreement and signatures alone do not guarantee approval. BFAs do not go through that initial approval process, but courts can consider disputes about validity or enforcement. Neither approach is immune from challenge.

Is one option always cheaper?

No. Compare the full scope and quote for your circumstances. SplitPlus is A$1,699 including GST for preparation, lawyer review and filing, plus the A$215 court fee. BFA costs include drafting and each person’s independent advice. Other work, such as conveyancing or tax advice, may add costs to either approach.

What if we already have an agreement or court orders?

Have the existing document checked before assuming a new online application is appropriate. Ask an independent lawyer what it covers, whether it remains effective and what steps are available. A new document service does not resolve that question.

Unsure which legal approach fits, dealing with an existing agreement or court case, or unable to agree safely? Get independent advice first. Find the right kind of support. Western Australian de facto matters need jurisdiction-specific advice. This page is general information, not a recommendation for your circumstances.

Sources and scope of this comparison

Prepared by Split Ways. Sources checked on 20 September 2026. This compares a legal mechanism with ways to access consent-order support. Split Ways’ packages on this page do not provide a BFA. No independent legal review of this page is claimed.

For an agreed property settlement

Ready for lawyer review and help with filing?

SplitPlus: A$1,699 including GST, plus A$215 court fee.

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