Select Page

When is my pre-nup at risk of a challenge? When the agreement cannot practicably be carried out

by | Jul 6, 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.

A financial agreement may be challenged if circumstances arise which mean that the agreement cannot practicably be carried out. This may arise where assets have gone overseas, a party has disappeared, or the terms of the agreement require some particular sequence of events or continued ownership of an assets that is no longer owned, meaning that the agreement cannot be given effect to. In that situation, the whole of the agreement may be lost.

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.