Recorded Webinar: Thorne v Kennedy: The Death-Knell for Pre-Nups?

The landmark High Court ruling of Thorne v Kennedy has been described as the death of pre-nuptial financial agreements in Australia. With the decision likely to trigger a wave of lawsuits seeking to overturn existing financial agreements, it’s never been more important for practitioners to understand how the principles of undue influence and duress can be used to unravel agreements which comply fully with the formal requirements of the FLA. This session covers:

• Thorne v Kennedy - The High Court’s decision unpacked
• Is Thorne v Kennedy limited to its unusual facts? Can it happen again?
• What does the case tell us about the meaning of undue influence?
• Setting aside financial agreements due to undue influence, unconscionable conduct, misrepresentation and fraud
• Inequality in a relationship – will it always spell the death of pre nups?
• Prenups that stick:
• do you need a tick from the solicitor advising the other party?
• how “fair” does the agreement have to be?
• pre-nups signed before a marriage – can they ever stick?
• Drafting unfair pre-nups – how do you protect yourself from negligence claims?
• Should you continue drafting prenups for your clients?