The parties entered into a prenuptial agreement (the “marriage contract”) immediately before their marriage. The contract waived any entitlement to spousal support and provided that the parties would be separate as to property. After seven years of marriage, the parties separated. Eventually, the husband brought family law proceedings claiming equalization of net family property and spousal support. The wife defended by relying on the marriage contract as a complete answer. He replied by asking the court to set aside or rescind the marriage contract on the basis that he had signed it without financial disclosure, without legal advice, under duress, and under a clear power imbalance. Although the husband commenced the proceeding within the six-year limitation period for equalization claims under the Family Law Act, s. 7(3)(b), more than two years had elapsed since the parties separated. The wife’s position was that the request to rescind the marriage contract was out of time.
Read the full summary: Blaneys Appeals July 20 to 24, 2020
This is general information only and is not legal advice. For legal advice, consult family lawyers in Victoria.