Binding Financial Agreements and Lawyer’s Certificates

Case of Hoult & Hoult [2013] FamCAFC 109 (26 July 2013)

Appeal against a section 90B Binding Financial Agreement.

Wife denied receiving independent legal advice, as required before a financial agreement is binding under the Family Law Act 1975.

Originally held that the agreement was not binding. On appeal, Thackray J found that the trial judge had erred in examining the content of the legal advice. All that needed to be established, by reviewing the lawyer’s certificate included with the agreement, was that advice had been given.

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