All's Fair in Love and War, Except When it Comes to Binding Financial Agreements

For many clients, their primary reason to enter into a financial agreement is to opt out of the provisions of the Family Law Act which require a property settlement to be just and equitable. While the requirements for a binding financial agreement are set out in section 90G(1) of the Family Law Act, the extent to which such agreements may be binding and the relevance of the content of the agreement to this, has been the subject of much judicial scrutiny, decision and commentary. This session shall take an in-depth look at when financial agreements may be vulnerable to attack on account of their content, the circumstances in which a grossly unfair financial agreement may still be binding and whether this is set to change.