JACOBOVA & STEIN

In the matter of *Jacoba v Stein*, heard before Bennett J, the wife sought to set aside an order made by consent in 2007, which had approved a financial agreement between the parties. The dispute concerned the validity and enforceability of this financial agreement, which the wife alleged was vitiated by duress and undue influence. The husband sought to uphold the 2007 order and the financial agreement it incorporated.

The primary legal issue before the court was whether the wife had established sufficient grounds to set aside the consent order and the underlying financial agreement. Specifically, the court had to determine if the wife's will was overborne by duress or undue influence at the time she entered into the financial agreement, thereby rendering it voidable. The court also considered the principles governing the setting aside of consent orders, particularly in circumstances where one party alleges they did not fully understand the implications of the agreement.

Bennett J found that the wife had failed to demonstrate that her consent to the financial agreement was not freely given. Her Honour considered the evidence presented by both parties regarding the circumstances surrounding the negotiation and execution of the agreement. The court applied the legal principles relating to duress and undue influence, requiring proof that the wife's volition was overcome by illegitimate pressure or improper conduct. Her Honour concluded that the evidence did not support the wife's claims and that she had entered into the agreement voluntarily, with a sufficient understanding of its terms and consequences.

Consequently, the wife’s application to set aside the consent order and financial agreement was dismissed.