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.