Eaves & Eaves (No. 2)

In *Eaves & Eaves (No. 2)*, the wife applied to the Federal Circuit and Family Court of Australia to set aside a financial agreement entered into with the husband in 2005, shortly before their marriage. The wife sought to have the agreement set aside on the grounds of duress, unconscionable conduct, and undue influence.

The central legal issues before the court were whether the financial agreement should be set aside based on the wife's claims of duress, unconscionable conduct, or undue influence. Specifically, the court had to consider the circumstances surrounding the signing of the agreement, including the timing, the wife's understanding of its contents, and the nature of her consent.

Justice Berman dismissed the wife's application, finding that the principles of duress, unconscionable conduct, and undue influence were not established. While the wife contended she was informed of the agreement only the day before signing and did not read it, she conceded she knew what she was doing and had no other option but to sign. Crucially, she also conceded the husband did not threaten to call off the marriage if she refused. The court noted that both parties received independent legal advice, and the wife was not in a position of special or significant disadvantage, nor was her will overborne by the husband. Consequently, the court ordered that the wife's application to set aside the financial agreement and her application for property settlement orders be dismissed.