The High Court recently made a decision in the case of Thorne & Kennedy that has overturned what many lawyers believed was the law regarding Prenuptial Agreements.
A seemingly valid agreement was found to be invalid because the wife was under undue pressure and in a poor bargaining position.
Duncan Basheer Hannon Senior Family Lawyer, Megan Dansie, says that anyone with a Prenuptial Agreement made shortly before a marriage or where there was a great difference between the assets of the parties, should have it reviewed by an experienced family lawyer.
Most Prenuptial Agreements will still be binding. However, in light of this new law, you should obtain advice about whether a new Agreement should be prepared.
This is particularly the case where one of the parties has been given independent legal advice that they should not sign the Agreement and that it was unfair or unjust.
If you have separated and feel you are bound by a Prenuptial Agreement, you should get legal advice about whether the Court may now cancel some or all of it in light of the recent Court decision.
The highly experienced family lawyers at Duncan Basheer Hannon are able to give you advice about Prenuptial Agreements and all Binding Financial Agreements, whether for marriages or de facto relationships.
If you are thinking of entering into a Prenuptial Agreement or a Binding Financial Agreement, you should get advice from an experienced family lawyer as early as possible. It is important that there is plenty of time for negotiation and legal advice before the wedding. Contact DBH Family Lawyers on 1800 324 324 or send us a message to arrange an obligation‑free appointment.