Cotsis & Cotsis

In the matter of *Cotsis & Cotsis*, Stewart J of the Family Court of Australia was required to determine an application to set aside a Financial Agreement made between Ms Cotsis and Mr Cotsis. The parties, who were engaged at the time of entering into the agreement, sought to define their financial rights and responsibilities during the marriage and in the event of a breakdown. The agreement stipulated that each party would retain sole ownership of their pre-existing assets and any future assets acquired individually, with jointly acquired assets to be divided equally upon separation.

The central legal issue before the Court was whether the Financial Agreement, entered into on 17 January 2013, should be set aside. This required an examination of the circumstances surrounding its creation and its compliance with the relevant provisions of the *Family Law Act 1975* (Cth), particularly section 90K(1)(e), which allows for the setting aside of such agreements in certain circumstances.

Stewart J ordered that the Financial Agreement be set aside pursuant to section 90K(1)(e) of the *Family Law Act 1975*. While the specific reasoning for this decision is not detailed in the provided text, the outcome indicates that the Court found grounds to invalidate the agreement. The proceedings were subsequently adjourned for a mention on 3 May 2021.