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When is my pre-nup at risk of a challenge? – Duress

by | Jul 27, 2023 | Family Law

The Federal Circuit and Family Court of Australia has power to ‘set aside’ or cancel a financial agreement in a variety of circumstances. In this series, we explore some of the common ways that these agreements can be challenged.

If there is conduct that amounted to duress, undue influence or unconscionable conduct in the signing of the agreement. Duress can come in many forms, and includes not simply direct threats or bullying, but can include you being in a situation where you felt you had no choice. That may include where there is an imminent birth at the time of signing and other pressing issues were at play; or in the lead up to a wedding where parties are often seen to be under the undue influence of each other and willing to compromise themselves in ways they would not usually.

To discuss your particular situation, or to have us engage in a ‘health check’ of your pre-nup, call or email our team at Nevett Ford Lawyers Melbourne.