Are financial agreements between husband and wife enforceable where one party has not disclosed all of their assets?


There is a significant risk if a party makes a false representation as to assets, that a BFA was voidable at  the election of the party relying on the false representation and was set aside. In the case of Adame & Adame [2014] FCCA 42, the Federal Circuit Court of Australia decided that where a Binding Financial Agreement discloses one party’s assets, all assets should be disclosed. Further, the court held that duress is present, that the Husband had harassed the wife until she gave in and signed the agreement.

If you are considering contesting a financially binding agreement, then you will have a much better chance of success with an accredited family lawyer. For more help or advice contact us for a free half hour initial consultation. We are family lawyers in Northcote, Westgarth, Clifton Hill and other surrounding areas.

Rowan Skinner

About Rowan Skinner

Rowan Skinner is a highly skilled family lawyer with over 35 years of experience across various legal roles and jurisdictions. Rowan specialises in resolving family law disputes such as divorce, financial settlements, child custody and domestic violence cases. Through his diverse and extensive experience, Rowan has a deep understanding of the complexities and nuances involved in family law. Rowan is a skilled negotiator and litigator who follows a compassionate and client-focused approach which prioritises helping you navigate what can be an emotional and challenging time.