There has been much media hype about a recent decision by the High Court in Thorne –v- Kennedy (2017) HCA49, with some claiming that such a decision means Prenuptial (or Binding Financial Agreements as we call them in Australia) are dead… Read more Recent High Court decision does not spell the death of Prenuptial Agreements
Causal link between chanqes in circumstances and hardship required to set aside a Bindinq Financial Aqreement
ln another recent, important decision by the Full Court in the case of Fewstar v Drake, the Full Court affirmed a number of important principles relating to the validity of prenuptial or as we call them Binding Financial Agreements entered into… Read more Causal link between chanqes in circumstances and hardship required to set aside a Bindinq Financial Aqreement
Binding Financial Agreements Unfair Assessments and children born after signing
A recent Full Court decision (Fewster and Drake [2016] FAM CAFC 214) has reaffirmed the previous position of the Full Court of the Family Court that just because an agreement is unfair, doesn’t mean that it should be set aside. Even… Read more Binding Financial Agreements Unfair Assessments and children born after signing
Binding Financial Agreements (Pre-Nup) – “Unfair” Assessments and children born after signing
A recent Full Court decision (Fewster and Drake [2016] FAM CAFC 214) has reaffirmed the previous position of the Full Court of the Family Court that just because an agreement is unfair, doesn’t mean that it should be set aside. Even… Read more Binding Financial Agreements (Pre-Nup) – “Unfair” Assessments and children born after signing
Pre-nuptials – Devil in the detail
It has been almost 15 years since Pre-nuptials were allowed to be entered into by Australian couples. Nowadays, these Agreements can also be entered into by de facto couples both before and during a relationship. We are now starting to see… Read more Pre-nuptials – Devil in the detail
Second or Third Marriage? – Get a Prenup
It is understandable how young married couples do not see the necessity of a Pre-Nup before their first marriage. It is healthy to still have a belief of true love and fairy tale endings when one is so young. However, for… Read more Second or Third Marriage? – Get a Prenup
