FEWSTER & DRAKE

The applicant, Mrs. Fewster, sought to set aside a financial agreement dated 22 December 2006 entered into with the respondent, Mr. Drake, pursuant to section 90K(1)(d) of the *Family Law Act 1975* (Cth). The court was therefore required to determine whether the financial agreement should be set aside on the grounds specified in that section.

The court's reasoning focused on the application of section 90K(1)(d) of the *Family Law Act 1975*. This provision allows for a financial agreement to be set aside if, by reason of the making of the agreement, a party to the agreement suffered hardship and, having regard to the circumstances that have arisen since the agreement was made, it is just and equitable to make the order. The court found that the criteria for setting aside the agreement under this section were met.

Consequently, the court ordered that the financial agreement between the parties dated 22 December 2006 be set aside under section 90K(1)(d) of the *Family Law Act 1975*. Additionally, the court made interim orders for spouse maintenance, requiring the husband to pay $1,500 per week to the wife, with the first payment due within seven days of the order. The court also reserved judgment on costs pending further submissions from the parties.