Binding Financial Agreement Voidable by Wife due to the Husband’s Conduct

Case of Adame & Adame [2014] FCCA 42 (16 January 2014)

In this case, the wife sought to have a financial agreement for the distribution of the parties’ matrimonial property set aside, for a number of reasons including:

– (a) while the wife’s lawyer gave her some advice, the advice did not sufficiently detail the wife’s rights and obligations under the agreement, as required by section 90G of the Family Law Act 1975, and the wife did not receive a copy of the certificate signed by the lawyer;

– (b) the wife had not intended to sign the agreement, and only did so under duress;

– (c) the husband had misrepresented his assets in the financial agreement, including failing to disclose the details of a house purchased in the US;

The Court accepted the wife’s evidence and found that the financial agreement was voidable.

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