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.