BIDWELL & BIDWELL

In the matter of *Bidwell & Bidwell*, Rees J of the Family Court of Australia considered a dispute between a husband and wife concerning the validity of a financial agreement and the subsequent division of their property. The primary issue was whether an agreement entered into by the parties on 16 June 2001 constituted a Binding Financial Agreement under section 90B of the *Family Law Act 1975* (Cth).

The court was required to determine the enforceability of the financial agreement and, if found to be invalid, to make orders for the settlement of the parties' property. This involved assessing whether the agreement met the stringent requirements for a Binding Financial Agreement as stipulated by the *Family Law Act*.

Rees J declared that the agreement dated 16 June 2001 was not a Binding Financial Agreement for the purposes of section 90B of the *Family Law Act 1975* (Cth). Consequently, the court proceeded to make orders for property settlement. These orders directed the husband and wife to facilitate the payment of the proceeds of sale of a property at 25 R Street, Suburb I to the husband. Additionally, the wife was ordered to pay the husband a sum of $46,504 within three months, with a provision for the sale of another property at 21 R Street, Suburb I, and payment of the same sum plus interest, should the initial payment not be made by the due date. Beyond these specific orders, each party was to retain property in their possession.