WODEN & SILVER

The parties to this proceeding were a husband and wife. The husband sought to have a financial agreement, entered into by the parties on 19 December 2014, declared void pursuant to s 90K(1)(c) of the *Family Law Act 1975* (Cth). The matter came before Stevenson J of the Federal Circuit and Family Court of Australia.

The central legal issue before the court was whether the financial agreement was voidable on the grounds that the husband had been induced to enter into it by duress. Specifically, the court was required to determine if the husband’s will was overborne by the wife’s conduct, such that he did not enter into the agreement voluntarily.

Stevenson J found that the husband had not established that he entered into the financial agreement under duress. His Honour considered the relevant legal principles concerning duress, including the requirement for illegitimate pressure that overbears the victim's will. The court found that while the wife's conduct may have been unpleasant or even harsh, it did not amount to illegitimate pressure that vitiated the husband's consent to the agreement. The husband's decision to sign the agreement was found to be a voluntary one, made after receiving legal advice.

The husband’s Application in a Case filed on 2 February 2015 was dismissed.