A binding financial agreement lets FIFO workers and long-distance couples decide in advance how their assets, income, superannuation and debts will be divided if the relationship ends.
It matters because Australian courts can still treat couples who live apart as married or de facto, so long stretches away from home do not remove your family law exposure.
A BFA replaces that uncertainty with a clear, agreed outcome that stays in your hands rather than a judge’s.
Yet the very thing that makes these agreements valuable, being on opposite sides of the country, is also what makes them harder to get right.
Here is what FIFO and long-distance couples need to know before they sign.
Why Do FIFO Workers and Long-Distance Couples Need a Binding Financial Agreement?
FIFO workers and long-distance couples need a binding financial agreement because time apart does not stop family law from applying to their finances.
Courts look at the substance of a relationship, not simply whether two people share a roof, so a couple who split up can still face a property claim.
A BFA sets the financial terms in advance and keeps the decision in the couple’s hands rather than with a court.
The size of this group is easy to underestimate. Western Australia’s mining industry alone employed a record 135,693 on-site full-time-equivalent workers in 2024, and fly-in fly-out arrangements are common across the sector’s remote sites.
Add long-distance couples who live in different cities or states, and a large number of Australians are building a shared financial life while spending weeks at a time apart.
Can You Be in a De Facto Relationship If You Live Apart Because of FIFO Work?
Yes, you can be in a de facto relationship even if FIFO rosters or distance mean you rarely share the same home.
In Fairbairn v Radecki [2022] HCA 18, the High Court held that living in the same residence is not a necessary feature of “living together” under the Family Law Act, and that the phrase must cover the many ways couples share their lives in the modern world.
Section 4AA of the Family Law Act lists factors a court can weigh, including financial support between the partners, the ownership and use of property, the degree of mutual commitment to a shared life, and how the couple presents themselves in public.
No single factor decides the question, and a relationship can qualify even when the couple keeps separate homes.
In a 2021 case, Bahan & Pinder, a court found a couple was in a de facto relationship despite one partner working FIFO, taking into account their frequent communication during his time working away.
In Western Australia, the de facto test is set out in the Interpretation Act 1984 (WA) rather than the Family Law Act, but the courts take a similarly broad view of what living together means.
The practical result is that many FIFO and long-distance couples are de facto without ever taking a formal step, which can expose them to a property or maintenance claim they never expected.
How Does a Binding Financial Agreement Protect FIFO Workers and Long-Distance Couples?
A binding financial agreement protects FIFO workers and long-distance couples by recording exactly how property, income, superannuation and debts will be divided if they separate, which lets them contract out of a court property settlement.
This certainty is valuable when one partner earns a high or fluctuating FIFO wage, brings significant assets into the relationship, or wants to keep a home or investment in their own name.
It can also reduce the practical stakes of a dispute about whether a de facto relationship existed at all, or when it started and ended.
A well-drafted agreement gives both people privacy and a known outcome, and it usually costs far less in money and stress than a contested court case.
Which Law Applies to Your BFA in Western Australia?
In Western Australia, the law that applies to your agreement depends on whether you are married or in a de facto relationship.
Married couples make their financial agreements under the Family Law Act 1975 (Cth).
De facto couples in Western Australia make theirs under the Family Court Act 1997 (WA), because Western Australia is the only state that has not referred its de facto law to the Commonwealth, apart from superannuation.
This split matters for FIFO couples, who may be married, de facto, or unsure which category they fall into.
The table below compares the two paths across the points that matter most.
| Feature | Married couples | De facto couples in WA |
| Governing law for a financial agreement | Family Law Act 1975 (Cth), Part VIIIA | Family Court Act 1997 (WA), Part 5A |
| Independent legal advice for each party | Required | Required |
| Superannuation splitting available | Yes | Yes, for cases filed from 28 September 2022 |
| June 2025 Family Law Act property reforms apply | Yes | No, WA de facto matters stay under the Family Court Act 1997 (WA) |
| Link needed for a court order if there is no BFA | Australia-wide jurisdiction | At least one party living in WA, a WA connection such as one-third of the relationship spent in the state, and a threshold such as a two-year relationship, a child, or substantial contributions |
The key takeaway is that both married and de facto FIFO couples can use a binding financial agreement, but the agreement must be built under the correct Act.
If a couple is not married and lives in Western Australia, the agreement follows the state Act, and the requirement for a court order without a BFA is set by the Family Court of Western Australia.
Getting the wrong Act, or the wrong section reference, is one of the simplest ways an agreement can fail, which is why the drafting should be done by a lawyer who knows which rules apply to your situation.
What Should FIFO Workers and Long-Distance Couples Consider Before Signing a BFA?
Before signing, FIFO workers and long-distance couples should think about how they will get advice around a roster, when to start the process, and how recent law changes affect them.
These issues are easy to overlook when one partner is often out of contact, and each of them can affect whether the agreement holds up later.
How Do You Get Independent Legal Advice When One Partner Works Away?
Each partner must get their own independent legal advice for the agreement to be valid, and this advice can be arranged around a FIFO roster rather than a standard office visit.
The two people cannot share a lawyer, so each needs a separate legal practitioner who acts only for them.
That practitioner must advise on the effect of the agreement and its advantages and disadvantages, then provide a signed statement confirming the advice was given.
Many firms now offer this advice by phone or video link, which means a worker on-site can receive proper advice and certification without waiting for a swing off.
Planning appointments during rostered days off and keeping copies of every signed certificate helps avoid delays and keeps the agreement on solid ground.
Why Does Timing Matter So Much for a FIFO Couple’s BFA?
Timing matters because an agreement signed under last-minute pressure can be set aside by a court.
In Thorne v Kennedy [2017] HCA 49, the High Court set aside a pre-nuptial and a post-nuptial agreement after one party was told to sign shortly before the wedding or it would be called off.
The Court found the agreements were affected by unconscionable conduct and undue influence, partly because the terms were heavily one-sided and there was no real chance to negotiate.
For FIFO and long-distance couples, the risk is being pressured to sign quickly in the narrow window before a flight out or a wedding date.
Starting early, allowing time for genuine negotiation, and avoiding any “sign this or else” approach all reduce the chance of a later challenge.
How Do the 2025 Family Law Changes Affect FIFO and Long-Distance Couples?
From 10 June 2025, the Family Law Amendment Act 2024 changed how courts decide property settlements for married couples and for de facto couples outside Western Australia.
It wrote the long-standing four-step approach into the Family Law Act, so courts identify the asset pool, assess each person’s contributions, weigh their future needs, and check that the result is just and equitable.
It also requires courts to consider the economic effect of family violence, and it moved the duty to fully disclose finances directly into the Act.
The property framework changes apply to new matters and to existing matters where a final hearing had not started before 10 June 2025.
For couples making a BFA, the disclosure point is the most important, because hiding assets or debts is a common reason agreements are later set aside, so full and honest disclosure protects both people.
Western Australian de facto couples remain under the Family Court Act 1997 (WA), so these particular Commonwealth changes do not automatically apply to them, which is another reason to confirm which law governs your agreement.
What Can and Cannot a BFA Cover for FIFO Couples?
A binding financial agreement for FIFO and long-distance couples can cover the division of property, high or changing income, superannuation and liabilities, and it can also deal with spousal or de facto maintenance.
It cannot decide child support or parenting arrangements, which are handled through separate processes.
For FIFO couples, this often means recording how allowances and bonus-heavy income are treated, protecting a property held in one name, and dealing with assets bought while one partner was away.
Superannuation splitting is also available for de facto couples in Western Australia from 28 September 2022, under the Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020, so it can form part of the agreement.
Setting these terms out clearly, while the relationship is strong, is far easier than sorting them out during a separation.
Get Help With a BFA for FIFO Workers and Long-Distance Couples
A binding financial agreement gives FIFO workers and long-distance couples certainty about their finances, whatever the distance between them, and it keeps the outcome in their control rather than a court’s.
As binding financial agreement lawyers based in Fremantle, my law firm can help you put a clear, properly advised agreement in place that fits your roster and your relationship.
Contact my law firm today by calling 1300-529-888.
Frequently Asked Questions
Do FIFO couples who live apart still count as de facto?
They can. Australian courts decide de facto status by looking at the whole relationship, not just whether a couple shares a home. In Fairbairn v Radecki, the High Court confirmed that living in the same residence is not essential. Frequent contact, shared finances, and mutual commitment can all support a de facto finding despite FIFO rosters or distance.
Can I sign a binding financial agreement while working on site?
Yes. Each partner needs separate independent legal advice, but many firms provide that advice and certification by phone or video link. This lets a worker on a mine site or rig complete the process without waiting for time off. Keeping the signed advice certificates is essential because the agreement is not binding without them.
Which law covers a de facto BFA in Western Australia?
De facto couples in Western Australia make their agreements under the Family Court Act 1997 (WA), not the federal Family Law Act. Western Australia has not referred its de facto law to the Commonwealth, apart from superannuation. Married couples in the state still use the Family Law Act 1975. Using the correct Act is critical, as errors can make an agreement invalid.
Can a rushed BFA be set aside by a court?
Yes. In Thorne v Kennedy, the High Court set aside agreements signed shortly before a wedding under strong pressure, finding undue influence and unconscionable conduct. For FIFO couples, rushing to sign before a flight out carries the same risk. Starting early, allowing real negotiation, and avoiding pressure tactics all help the agreement survive a later challenge.
Do the June 2025 family law changes affect my BFA?
The June 2025 changes reshaped how courts decide property settlements for married couples and de facto couples outside Western Australia, and they strengthened the duty to disclose finances. Full disclosure protects your agreement because hidden assets are a common reason agreements are set aside. Western Australian de facto couples remain under the state Act, so confirm which law applies.