Chatterjee and Woodby-Chatterjee & Anor

In *Chatterjee and Woodby-Chatterjee & Anor*, the wife sought to set aside a financial agreement and also sought spousal maintenance. The husband sought to uphold the financial agreement and resist the spousal maintenance claim. The matter came before Stevenson J.

The primary legal issues before the court were whether the financial agreement should be set aside on the grounds of alleged non-disclosure of material financial matters and fraudulent misrepresentation as to income levels, and whether the wife was entitled to spousal maintenance.

Stevenson J found that the wife had failed to prove non-disclosure of material financial matters or fraudulent misrepresentation. The court also determined that the wife had not established she suffered from a special disadvantage and was capable of making a judgment in her own best interests regarding the financial agreement. Consequently, the court found the financial agreement to be enforceable. Regarding spousal maintenance, the court found that the wife was able to support herself adequately and that the husband was not in a position to pay financial support, leading to the dismissal of this application.

The court ordered that the wife's applications to set aside the financial agreement and for spousal maintenance be dismissed. Clause 33 of the financial agreement dated 28 January 2003 was declared enforceable as an order of the court pursuant to section 90KA of the *Family Law Act 1975*. The interim order for spouse maintenance was discharged.