Chaffin & Chaffin

[2019] FamCA 260

FAMILY COURT OF AUSTRALIA

CHAFFIN & CHAFFIN [2019] FamCA 260

FAMILY LAW – PROPERTY – Financial Agreement – Unconscionable Conduct – Where the wife seeks that a financial agreement between the parties be set aside under section 90K of the Act – Where consideration of applicable principles – Where the binding financial agreement was signed ten days before the parties married – Where the wife was pregnant and not working at the time the document was signed – Where the husband engaged in conduct that was unconscionable – Where the financial agreement is to be set aside.
FAMILY LAW – PROPERTY – Financial Agreement – Where the wife seeks that a financial agreement between the parties be set aside under section 90K(1)(d) of the Act – On the grounds that that there had been a material change in circumstances related to the care of the children which if the agreement was enforced would lead to the wife and children suffering hardship – Where there is a great disparity in wealth between the parties – Where the mother has been the sole carer for the children since they were born – Where the husband has not spent time with the children since October 2017 – Where the wife would suffer hardship if the agreement is not set aside – Where the financial agreement is to be set aside.
FAMILY LAW – PROPERTY – Financial Agreement – Misrepresentation – Where the wife seeks that a financial agreement between the parties be set aside under section 90K of the Act – Where the wife asserts material misrepresentation by the husband at the time of the agreement – Where consideration of applicable principles – Where ground not made out.
FAMILY LAW – PROPERTY – Financial Agreement – Abandonment – Where the wife seeks that a financial agreement between the parties be set aside under section 90K of the Act – Where the wife asserts that the parties have relevantly abandoned the agreement such that it should set aside – Where consideration of applicable principles – Where ground not made out.
FAMILY LAW – PROPERTY – Financial Agreement – Uncertainty – Where the wife seeks that a financial agreement between the parties be set aside under section 90K of the Act – Where the wife asserts that the agreement is tainted by uncertainty such that it should set aside – Where consideration of applicable principles – Where ground not made out.
FAMILY LAW – PROPERTY – Financial Agreement – Impracticability – Where the wife seeks that a financial agreement between the parties be set aside under section 90K of the Act – Where the wife asserts that the agreement is tainted by impracticability such that it should set aside – Where consideration of applicable principles – Where ground not made out.
FAMILY LAW – PROPERTY – Financial Agreement – Undue Influence – Where the wife seeks that a financial agreement between the parties be set aside under section 90K of the Act – Where…