
Can a Binding Financial Agreement Be Overturned in Australia?
Under section 90K(1)(e) of the Family Law Act, an Australian BFA can be set aside for unconscionable conduct at signing, not for a bad bargain after the fact.
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Under section 90K(1)(e) of the Family Law Act, an Australian BFA can be set aside for unconscionable conduct at signing, not for a bad bargain after the fact.

Section 90K of the Family Law Act 1975 lists narrow grounds to set aside an Australian BFA, and a fall in asset value alone is not one of them.

Under s 124 of the Child Support (Assessment) Act 1989, Australian courts can order lump sum child support into a trust if periodic payments are unreliable.

Under section 117 of the Child Support (Assessment) Act 1989, courts treat inheritance as financial resource and weigh real debts before ordering school fees.

Under section 66L of the Family Law Act 1975, Australian courts grant adult child maintenance only if it is necessary for education or a disability.

A perfected gift cannot be clawed back under Australian law. A man lost $913,015 and a Mercedes, and under s 4AA Family Law Act 1975, was not de facto.
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