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14 Jul 2025

“I signed that prenup under extreme duress, so it should be set aside.” Which case won?

A case that went all the way to the High Court revolved around the question of whether a binding financial agreement (prenup) was signed under duress.

A couple became acquainted on the internet via a website for potential brides. He was a wealthy property developer, an older man who had previously been married and who had three adult children from his first marriage. His family was in Australia, as were his assets, which were worth between $18-$24 million.

She was an Eastern European woman who was much younger than him, had been married and divorced, had no children and wanted to have children of her own. She had no assets, spoke little English and her family lived overseas. She had no connections or community in Australia.

The couple met overseas in person shortly after making contact via the website. He took her on an extended European holiday and met her family. Seven months after they met, the couple moved to Australia with the intention of getting married.

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