VIC Fraudulent Binding Financial Agreement - What to Do?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

yobt

Active Member
6 February 2016
9
0
31
I have a binding financial agreement. I have discovered that my ex fraudulently hid money she inherited. I have evidence. Is it worth my while pursuing this amount? Would they be successful in setting aside the entire agreement if I flag this? Or would the ex be forced to simply pay what owed according to the % split in the agreement? I have little to lose. Would any renegotiation of a new binding agreement reflect the financial position of the parties then? Or now?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Hard to comment without details.

With little to lose then it sounds like it may be worth pursuing. Totally invalid agreement, but you can argue just a portion of it if the other party accepts your premise. Depends how complex the matter is and whether it opens other issues you prefer to avoid if you invalidate the whole agreement. But you are now in a strong position if your evidence is 100% rock solid and significant. A forgotten bank account with a $10 balance is unlikely to invalidate the whole agreement.

Can't easily comment on the last point. Depends on the timing of various events including how long it has been since separation/divorce. Suggest you get legal advice.