Court or Tribunal: Full Court of the Family Court of Australia
Catchwords: Binding Financial Agreement, Binding Financial Agreement, Post-Nuptial Agreement, Pre-Nuptial Agreement, Pre-Nuptial Agreement
Judges:  Aldridge JCronin JStrickland J

Background: The parties met over the internet in early to mid-2006. She was a 36 year old, born and living overseas with limited English skills. She was previously divorced, had no children and no assets of substance. He was a 67 year old, was a property developer and worth approximately $18 to $24 million. He was divorced from his first wife, with whom he had three children, now all in adulthood. Having met on a dating website in early to mid-2006, the parties then commenced speaking with each other on the telephone. They spoke in English and in (language omitted). The applicant agreed that the deceased said to her: “I will come to (country omitted) and we will see if we like each other. If I like you I will marry you but you will have to sign paper. My money is for my children.”  
 
  [Legal Issue]The Federal Circuit Court initially set aside the agreements, finding that they were signed “under duress born of inequality of bargaining power where there was no outcome to her that was fair and reasonable”. However, the Full Family Court ruled the agreements were binding, and said there had not been duress, undue influence or unconscionable conduct on the husband’s part.   [Court Orders]The appeal be allowed.     

Court or Tribunal: Full Court of the Family Court of Australia
Catchwords: Appeal, Binding Financial Agreement, Binding Financial Agreement, Pre-Nuptial Agreement
Judges:  Finn JRyan JStrickland J

Background: A couple, known by the court as Mr Wallace and Ms Stelzer, met in 1998 at the Sydney club where Ms Stelzer worked soon after Mr Wallace split from his first wife. At the time, he was 51 and she was 38. They married seven years later and entered into a prenuptial agreement that Mr Wallace would pay Ms Stelzer $3.25m if the relationship failed within four years. It failed within two.  
 
  [Legal Issue]Mr Wallace tried to renege on their pre-nuptial (binding financial) agreement, arguing that the relevant legislation was unconstitutional because it was retrospective. He argued that his pre-nuptial agreement was signed before the 2010 amendments and so his agreement should be deemed invalid. Mr Wallace also fought to have the pre-nuptial agreement deemed invalid, claiming that Ms Stelzer behaved fraudulently by making "false promises of love and desire for children". He also said his lawyers did not give him adequate legal advice and make clear the pros and cons of the pre-nuptial agreement. He said that his lawyers had taken only minutes to sign it.    [Court Orders]The Full Court of the Family Court ruled the pre-nuptial agreement was binding and that the amended legislation "can have a retrospective operation which is constitutionally valid". The woman who previously worked as a pole dancer is set to receive $3.25 million from her ex-husband after the Family Court ruled against his bid to have their pre-nuptial agreement overturned because of her "false promises". The ruling means that there is much more certainty about the validity of pre-nuptial a     

Court or Tribunal: Full Court of the Family Court of Australia
Catchwords: Notice to Appeal, Spousal Maintenance
Judges:  Strickland J

Background:  
 
  [Legal Issue]   [Court Orders]