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.
The Court can set aside a pre-nup if, since the making of the agreement, a material change in circumstances has occurred (being circumstances relating to the care, welfare and development of a child of the marriage) and, as a result of the change, the child or, if the applicant has caring responsibility for the child a party to the agreement will suffer hardship if the court does not set the agreement aside. This does not mean that all agreements end if you have a child born of the relationship, but complications arise and it is worth considering what the actual effect of your agreement will be on a child.
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.