NGO & HAN

The Full Court of the Family Court of Australia considered a dispute between the wife and the husband concerning two financial agreements, one made in 2007 and another in 2009. The wife contended that the parties were bound by the 2009 financial agreement, while the husband disputed its validity, arguing that no valid, effective, or enforceable contract existed.

The central legal issue before the Court was whether the 2009 financial agreement was a valid, effective, and enforceable binding financial agreement between the parties.

Judge Curtain declared that, on the balance of probabilities, no binding financial agreement was executed by all parties in 2009. Consequently, the purported financial agreement annexed to the wife's affidavit was found not to be valid, enforceable, or effective. The proceedings were then listed as a contested property dispute, with directions for the filing of further affidavits and case outlines prior to a two-day hearing.