The plaintiff was the executor of the wife`s estate and one of the woman`s children. It sought injunctions to enforce the agreement. The wife`s rights under the agreement were limited to 5/44 of the value of a waterfront plot of land, transferred to the husband by the husband`s parents for a value less than that. There is often an imbalance of economic power in relationships. In the absence of a financial agreement, the Tribunal is able to execute an agreement that is not fair and equitable to each party. It is therefore necessary for each party to a financial agreement to have an independent legal opinion before the agreement is signed, otherwise it will not be considered binding. In the event that a party has not received independent legal advice or has signed the agreement under duress, unlawful influence and/or unscrupulous conduct, the agreement may be annulled by the courts. The cancellation of an agreement means that either party can initiate proceedings to obtain an asset comparison and/or maintenance. If you are considering entering into a financial agreement, we advise you to get advice from one of our experts during a first non-binding appointment.
A financial agreement was set aside due to the uncertainty of Gibbs & Gibbs  FamCA 630. Hogan J. said (at -: A requirement that parties verify an agreement when they have a child is almost not applicable if there is an intention that the parties be compelled to enter into a new agreement under different conditions. It may encourage the parties to do so, but does not oblige them to do so. An Anshun-Estoppel was applied to Caitlin & Caitlin  FamCA 818, which was a request to implement a financial agreement. It should also be taken into account that the agreement does not supersede all the property rights of the wife, but only those who oppose that specific property. This has less weight in this case, as the evidence does not indicate that there were other assets of substance or land size at the water`s edge that could otherwise be the subject of ownership orders. The only asset to which the evidence referred in February 2007 was the property of suburb E.” In the lawsuit that was reported to Chatterjee & Woodby Chatterjee and Anor  FamCA 930, it was found that the wife`s claims were not sufficient to enforce the second order. .