Supreme Court of NSW emblem
1: Mohamed v Mohamed [2012] NSWSC 852 | July 31, 2012
Court or Tribunal: 
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.     


[  ] Download Decision