Squibb and Graham

In the matter of *Squibb and Graham*, heard before Judge McNab, the husband and wife sought orders concerning a financial agreement executed on 9 July 2008. The dispute centred on the validity and enforceability of this agreement, particularly in light of its purported basis and governing law.

The court was required to determine whether the financial agreement, as originally drafted, was binding on the parties. Specifically, it needed to consider whether rectification of the agreement was appropriate under section 90KA of the *Family Law Act 1975* (Cth) to reflect the parties' true intentions regarding its statutory foundation and the applicable law.

Judge McNab reasoned that the financial agreement, despite being initially framed under a different section of the Act, was intended by the parties to be made pursuant to section 90B. The court found that rectification was necessary to give effect to this intention and to ensure the agreement was binding. Furthermore, the court ordered rectification of clause 17 to clarify that the agreement is governed by the *Family Law Act 1975* (Cth) and that any disputes arising from it are to be determined by courts exercising jurisdiction under that Act. Consequently, the court declared the financial agreement, as rectified, to be binding on the parties.