Family Law Agreements: Risk Factors and Drafting Solutions – a family law Power Pair of recorded webinars

This Power Pair comprises 2 popular family law webinars from earlier this year.

Webinar 1: Breaking the Chains: The Impact of Family Violence on Financial Agreements

The Family Law Act does not explicitly allow victims of family violence to escape financial agreements. These agreements, which limit the court's power to make maintenance or property settlement orders, are often challenged when made before or during a relationship. Financial agreements usually protect the financially stronger party and reduce the weaker party’s rights. If the stronger party commits family violence, should the weaker party be entitled to greater maintenance and property settlements than those stipulated in the agreement? This session examines:

• Is family violence relevant under the current law in determining whether financial agreements should be deemed non-binding or set aside?
• Impact of family violence that occurs prior to or concurrently with the signing of the agreement
• What potential legal avenues are available for victims of family violence who seek to have financial agreements set aside?
• Can family violence be pertinent to the court's assessment of what is "unjust and inequitable" under sections 90G(1A) and 90UJ(1A)?

Webinar 2: Meeting of the Minds: Crafting Family Law Agreements that Stick

For family lawyers, resolving disputes is a core aspect of practice. While negotiating the terms of an agreement may feel like the most challenging part, the real difficulty often lies in drafting the agreement itself. A well-drafted agreement must be clear, concise, and certain to ensure it brings the dispute to a final, enforceable resolution. In a busy practice, achieving this level of precision can be difficult. This session will provide family lawyers with practical strategies and insights for drafting effective agreements, covering both legal and practical considerations, including:

• A deep dive into what is required for a properly constituted agreement and the outcomes and consequences of uncertain agreements (e.g. when does uncertainty threaten the existence of a contract?
• The different options and schools of thought for agreements - e.g. narrative with disclosure/recitals vs short form), their pros, cons and the risks from both approaches
• How family law agreements have come undone in subsequent court proceedings - where exactly did they go wrong? Could this have been prevented through better drafting?
• Tips for drafting to establish/prove meeting of minds
• What should be considered in advice to clients to mitigate risk for the lawyer preparing the agreement

Special Purchase Offer – TEN’s 50th Birthday Sale

This pair of recorded webinars would usually cost $539, but as part of 50th Birthday Sale Offer you can buy the pair for only $330 if you order by 19.12.25.