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TAS Relationship Agreement Valid?

Discussion in 'Family Law Forum' started by SKSJ, 22 June 2015.

  1. SKSJ

    SKSJ Member

    21 June 2015
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    I signed a relationship agreement (binding financial agreement?) nearly 10 years ago without much thought as I was just starting a new relationship with my current partner after a 13 year marriage ended. I naively did not seek any legal advice and was told I had to sign by my partner so he could get a business loan at the time. It states I have no rights to the house or business.

    I have no interest in his business, yet I would like to continue to live in the house I call home where I have raised my children. This has never been a concern until now as the relationship may be ending. We have lived happily in the same house for nearly 10 years where I have been paying half of everything including the mortgage and we have two children who are 4 and 6. I am currently on workers compensation after fracturing my back at work. My partner is a joint owner in a business and I usually work full time.

    Do I have any legal right to contest the agreement I stupidly signed in 2006? Our relationship began in 2003 and we started living together as a family in 2005 with my then 6yo daughter who still lives with us now and is 17. I need to see if I have any rights before I make any major decisions.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    I really would seek legal advice on this one, but generally, I would argue the agreement from nearly a decade ago would no longer meet the 'just and equitable' expectation at law. It's unlikely the court would hold it as binding because it would leave you at a significant financial disadvantage as a direct result of the relationship.

    Legal Aid offers free legal advice. Just call and book at appointment. It would be worthwhile to have your position assessed properly.
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