Hi All
I have a friend that signed a BFA 8 years ago with her husband and the marriage has broken down and the BFA gives her nothing and the estate is worth over several million (A family trust may be involved)
The facts seem to be.
He is Australian and they met overseas and were married overseas.
18 months after the marriage she left her job and moved to Aus with her 2 young children to Aus.
Some few months after arrival he presented her with a BFA to sign on the premise his business was going broke and it would protect her if they had a BFA.
She did get independent, but very poor legal advice and due to the language barrier didn't question the advice. I think getting nothing is not equitable. But I haven't seen the BFA.
Additionally she would testify that as she would have to return "home" with no job etc etc if she refused to sign.
I think this shown "his conduct in the making of the BFA was, in all the circumstances, unconscionable"
I also feel that as his financial position improved he should have updated the BFA ro reflect this.
So in short I thing the BFA fails due to.
Patent inadequacy of provision considering his assets and change of circumstance.
She had not received proper legal advice.
Lack of full and frank disclosure of all assets and financial resources on his part.
Undue influence and that he should have requested a pre-nup before the left her home country.
She has legal advice ATM but not many funds for a top experienced Family Law expert.
It sound to me like she has good grounds ?
What do to think?
Thanks in advance (I used to be very active here some years ago)
I have a friend that signed a BFA 8 years ago with her husband and the marriage has broken down and the BFA gives her nothing and the estate is worth over several million (A family trust may be involved)
The facts seem to be.
He is Australian and they met overseas and were married overseas.
18 months after the marriage she left her job and moved to Aus with her 2 young children to Aus.
Some few months after arrival he presented her with a BFA to sign on the premise his business was going broke and it would protect her if they had a BFA.
She did get independent, but very poor legal advice and due to the language barrier didn't question the advice. I think getting nothing is not equitable. But I haven't seen the BFA.
Additionally she would testify that as she would have to return "home" with no job etc etc if she refused to sign.
I think this shown "his conduct in the making of the BFA was, in all the circumstances, unconscionable"
I also feel that as his financial position improved he should have updated the BFA ro reflect this.
So in short I thing the BFA fails due to.
Patent inadequacy of provision considering his assets and change of circumstance.
She had not received proper legal advice.
Lack of full and frank disclosure of all assets and financial resources on his part.
Undue influence and that he should have requested a pre-nup before the left her home country.
She has legal advice ATM but not many funds for a top experienced Family Law expert.
It sound to me like she has good grounds ?
What do to think?
Thanks in advance (I used to be very active here some years ago)
