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.
A pre-nup or post-nup needs to be entered into strictly in accordance with the Family Law Act (Cth) 1975. That includes formalities such as wording of certain parts of the agreement, but also that you obtained independent legal advice prior to signing, and that a statement to that effect was issued by your lawyer and attached to the document. It is important that you pay close attention to how you have signed the pre-nup to avoid unexpected issues here.
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.