The strength of financial agreements is set to be tested in the High Court in the coming weeks. The case involves an Eastern European woman who met a property developer, with assets worth between $18 million and $24 million, online before he brought her to Australia to marry.

Just days before the wedding, the husband told the woman that the wedding would not go ahead unless she signed a prenuptial agreement. The woman obtained independent legal advice and was told that the agreement was “no good”, but she signed it anyway. The couple separated four years later and the husband has since passed away.

The High Court will be asked to determine what circumstances constitute “duress” when such agreements are signed.

The woman’s solicitor has argued that she was in a weak bargaining position when she signed the agreement and felt like she had no other choice.

But the solicitor representing the deceased’s children has argued that she was a “mature young lady” who was well aware there would be financial agreement. (The Australian)

Image: The Knot

Lucy Urach

Lucy Urach

Family Lawyer