Metcher & Vittey

This matter concerned a dispute between a mother and father following their separation after a de facto relationship that commenced in 2008 and ended on 24 August 2019. The parties have two children, born in 2009 and 2011. The primary dispute before the court, presided over by Terry J, was whether a Financial Agreement dated 9 April 2020 should be set aside.

The court was required to determine the validity of the Financial Agreement. This involved considering the circumstances surrounding its creation and execution, and whether it ought to be set aside pursuant to the relevant provisions of the *Family Law Act 1975* (Cth). The court also had to consider the ongoing property dispute between the parties, with interim orders already in place regarding the net proceeds of sale of a jointly owned property and the children's living arrangements.

Terry J reasoned that the Financial Agreement should be set aside. While the specific grounds for this decision are not detailed in the provided text, the court's ultimate order indicates that the agreement was found to be invalid or unenforceable. The court applied legal principles relating to the setting aside of financial agreements in family law proceedings, which typically involve considerations of procedural fairness, full and frank disclosure, and the overall unconscionability or unfairness of the agreement. The court's decision to set aside the agreement suggests that one or more of these principles were not met.

Consequently, Terry J ordered that the Financial Agreement dated 9 April 2020 be set aside. The matter was then adjourned for further consideration, indicating that the underlying property dispute and other related issues remained to be resolved by the court.