Harrison AsJ
Court or Tribunal: Supreme Court of NSW
Catchwords: Binding Financial Agreement, Binding Financial Agreement, Contract, Divorce, Dowry, Pre-Nuptial Agreement, Property, Sharia Law
Judges: Harrison AsJ
Background: The plaintiff and defendant had been married under Islamic law but not under Australian Law. A pre-marital contract signed by both contained a clause whereby the plaintiff was to pay defendant $50,000 in the event that the plaintiff initiated "separation and/or divorce". The Magistrate found that the contract was enforceable. This Local Court decision was appealed to the Supreme Court.
[Legal Issue]This decision from the Local Court was appealed to the Supreme Court to determine whether there was an error of law, a jurisdictional error, and whether the pre-marital contract against public policy.
[Court Orders]The appeal against the original decision of the Local Court, which found that the contract was enforceable, was dismissed.
Catchwords: Binding Financial Agreement, Binding Financial Agreement, Contract, Divorce, Dowry, Pre-Nuptial Agreement, Property, Sharia Law
Judges: Harrison AsJ
Background: The plaintiff and defendant had been married under Islamic law but not under Australian Law. A pre-marital contract signed by both contained a clause whereby the plaintiff was to pay defendant $50,000 in the event that the plaintiff initiated "separation and/or divorce". The Magistrate found that the contract was enforceable. This Local Court decision was appealed to the Supreme Court.
[Legal Issue]This decision from the Local Court was appealed to the Supreme Court to determine whether there was an error of law, a jurisdictional error, and whether the pre-marital contract against public policy.
[Court Orders]The appeal against the original decision of the Local Court, which found that the contract was enforceable, was dismissed.