No Comments

A prenuptial agreement lawyer explains how to change a binding financial agreement

It is best to seek out a prenuptial agreement lawyer if you want to dispute a binding financial agreement (‘BFA’). This type of agreement, like any other contract in law is subject to strict rules. However, s 90K (1) of the Family Law Act 1975 allows a court to set aside a binding financial agreement. There is a list of reasons outlined in this section including:

  • The agreement is obtained by fraud
  • The agreement is void, voidable or unenforceable
  • Arising circumstances make it impracticable for part of or the entire agreement to be carried out

A prenuptial agreement lawyer can advise you on what makes an act of “fraud”. Ordinarily it is involves using false representations to obtain an unjust advantage. However, to prove fraud, it must be shown that the false representation was made knowingly. This can be either without belief in its truth or in a reckless manner. [...]  READ MORE →

No Comments

A prenuptial agreement lawyer’s role in disputing a BFA

It is best to seek out a prenuptial agreement lawyer if you want to dispute a binding financial agreement (‘BFA’). This type of agreement, like any other contract in law is subject to strict rules. However, s 90K (1) of the Family Law Act 1975 allows a court to set aside a binding financial agreement. There is a list of reasons outlined in this section including:

  • The agreement was obtained by fraud
  • The agreement is void, voidable or unenforceable
  • If arising circumstances make it impracticable for part of or the entire agreement to be carried out

Fraud

A prenuptial agreement lawyer can advise you on what makes an act of “fraud”. Ordinarily it is involves using false representations to obtain an unjust advantage. To prove fraud, it must be shown that the false representation was made knowingly. This can be either without belief in its truth or in a reckless manner. [...]  READ MORE →

No Comments

Can your Affair End in a Property Settlement? Family Law Lawyers Delve Into This

If you are in an intimate relationship with another person, something that you may want to consider is whether the nature of the relationship with that person could result in a possible claim for  property settlement if that relationship were to break down. Firstly, your family law lawyers will need to consider whether your relationship amounts to a de facto relationship. Considerations include the duration of the relationship, whether you have lived together, whether you attend events together socially, and whether you depend on each other financially. [...]  READ MORE →