20 Sep 2021


If you are divorced or separated and need to document your transaction contract in a binding and legally binding manner, our fact sheet If I use a binding financial agreement or consent order, we will help you. If you`re able to sit down with your partner to find out what your deal needs to get before you decide to both run to the lawyers, you save a lot of time, money, and fear. (d) the agreement has not been terminated or annulled by the Court of Justice. In this case, Murphy J granted the wife`s request to find that a section 90B financial agreement in 2004, i.e. an agreement entered into before the marriage, was not binding, as she had not received the necessary legal advice. While the provisions of the law in force at the time differ slightly from those of today, legal advice was nevertheless necessary and this case underlines the importance of registering the advice given. Murphy J noted that the memory of the wife`s lawyer for the advice provided was “seriously compromised in relation to important aspects of the issue.” In summary, the case was a separated husband and wife who, prior to marrying, intended to enter into a Section 90B agreement. The wife received legal advice with regard to the contract and her lawyer signed the corresponding certificate of advice on 11 April 2003. They were married on April 13, 2011. .

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