Family Law Library

When will a Financial Agreement not be binding?

A Financial Agreement will be set aside in the following situations:

  • if the agreement was obtained by fraud. Fraud includes deception, trickery or  the failure to disclose something that is relevant;
  • if circumstances have arisen since the agreement was signed which make it impracticable for the agreement to be carried out;
  • if the agreement is void, voidable or unenforceable, this involves principles of contract law which your lawyer can explain to you;
  • If a material change in circumstances has occurred relating to a child and as a result of that change the child, or the parent caring for the child, will suffer hardship if the court does not set aside the agreement;
  • if a party has, at the time the agreement was signed, behaved in a way that was unconscionable; or
  • if a superannuation interest has not been dealt with appropriately.

 

[Case: Russian bride has Binding Financial Agreement set aside]