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 agreement was obtained by fraud (including non-disclosure of a material matter), then the Court has the power to cancel your pre-nup. What this means is that you must be open and honest about your assets, liabilities, resources, and any other relevant matters like health, work issues or children, to try to avoid a non-disclosure issue becoming a ground to challenge. After all, if you enter a pre-nup and knew that your partner has millions of dollars in assets hidden away, you may not have made the same deal you signed.
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.