Pre-nuptial Agreements – Hot Cases
Overview
Financial agreements enable parties to sort out how their property will be divided at the end of a marriage or de facto relationship, and whether spousal maintenance can be claimed.
Pre-nuptial agreements are a type of financial agreement which parties can enter into before their marriage.
Whilst the idea of a pre-nuptial agreement is often attractive to a client, their accountant or commercial lawyer, it is difficult to be confident that if the marriage breaks down that the agreement will be found to be binding and not set aside by a court.
This presentation does not assume prior knowledge of the area and discusses recent cases to illustrate some of the common pitfalls.
The case studies given will be from case law.
The topics covered will be:
- Brief overview of requirements for a binding financial agreement and grounds for setting it aside
- Cases following the High Court decision of Thorne v Kennedy (2017) FLC ¶93-807 on undue influence and unconscionable conduct
- Recent cases on adequacy and independent nature of requisite legal advice
- Foreign elements – property overseas or parties have relocated overseas
- Litigation funding and spousal maintenance claims made before final court determination as to whether agreement is binding or set aside
- Practical tips to ensure a pre-nuptial agreement is binding and not set aside by a court
Learning Outcomes:
Attendees will gain an understanding of:
- the reasons why pre-nuptial agreements may be found not to be binding or set aside by a court;
- areas of legal uncertainty as this is still a developing area of law;
- practical tips on how to ensure a pre-nuptial agreement is binding and not set aside by a court.
Suited to:
Commercial and family lawyers, accountants and financial planners.
This On Demand includes:
- a recording of the webinar Event which can be viewed multiple times
- a PDF of the presenter’s PowerPoint
- a verbatim Transcript
- any supporting documentation
- a CPD Certificate after successful completion of the Knowledge Quiz
Course syllabus
3 lessons
- Video – Pre-nuptial Agreements – Hot CasesVideo
- FeedbackSurvey
- Knowledge QuizTest
Your presenter
Jacky Campbell,Forte Family Lawyers
Partner, Forte Family Lawyers.
Jacky is a founding partner of Forte Family Lawyers and has practised as a lawyer specialising in family law for more than 30 years. In 2021, Jacky was recognised as a leading family lawyer in Melbourne by Doyle’s Guide to the Australian Legal Market. She is experienced in dealing with family law matters involving complex property matters.
Jacky is a contributing editor of the Wolters-Kluwer Australian Family Law & Practice and Australian Master Family Law Guide. She writes and updates several chapters for each including the financial agreements chapters.
Jacky wrote her Masters’ thesis on the relationship of bankruptcy and family law. She continues to have a special interest in matters involving bankruptcy, insolvency, liquidation and receivership.
Jacky is a Fellow of the International Academy of Family Lawyers and an Associate of the American Bar Association.