Deed of family arrangement could protect your estate after de facto separation
Illegal building works – the horror story edition
Was the binding financial agreement unfair? Did the court set it aside? Which case won?
A binding financial agreement (also commonly known as a prenuptial agreement or “prenup”) is an agreement made between two people that sets out how they want their affairs to be arranged if their relationship ends.
These agreements can be made before, during or after a marriage or de facto relationship, including for a same sex relationship.
A binding financial agreement is a formal document made under the Family Law Act 1975 (Cth), but it is not reviewed or approved by the Family Court and, as long as it complies with the requirements set out in the Act, the court has no jurisdiction to adjust it.
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Transfer of property from father and stepmother to son ends in court – which case won?
In 1998, an elderly married couple purchased a 255-acre rural property in northern NSW. By 2004, they were receiving the aged pension and came to believe that owning the property might disqualify them from the pension.
Their belief stemmed from a conversation with their daughter, who allegedly said words to the effect: “If you own over five acres of property, you may no longer be entitled to receive the pension.”
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“The house I was buying suffered extensive fire damage, so I’m entitled to rescind the contract.” Which case won?
On 11 July 2003, a buyer of property and its sellers entered into a contract for sale of land, for a property on Sydney’s lower north shore.
The purchase price was $1.4 million, with a deposit payable of $140,000.
A two-bedroom house was constructed on the property around 1946. Though it was habitable, it was showing signs of its age.
Shortly after entering into the contract, the buyer obtained the owners’ consent to lodge plans with the local council to develop the property.