Family Law Financial Agreements: Lessons from Recent Cases

Staying on top of recent legal developments is essential for practitioners preparing or advising on financial agreements. The enforceability of a financial agreement often turns on judicial interpretation of both form and substance, making it critical to understand how courts are currently approaching compliance, fairness, and evidentiary issues.

This practical and case-driven session analyses key recent authorities — including Suess & Suess [2024] FedCFamC1F 175, the Daily line of cases (including R Lawyers v Mr Daily [2025] HCA 41), and Dragomirov & Dragomirov [2024] FedCFamC1A 187 — and explores what they mean for practitioners drafting, advising on, and defending financial agreements. Participants will leave with concrete strategies to reduce the risk of agreements being set aside and to strengthen enforceability.

Key Topics Covered:

• The Current Legal Landscape: A review of the statutory framework vs. recent judicial interpretations.
• Anatomy of a Failed Agreement: Deep dives into recent high-profile cases where financial agreements were set aside.
• The Trap of Non-Disclosure: How hidden assets and valuation errors impact the enforceability of a BFA.
• Undue Influence & Unconscionable Conduct: Assessing power imbalances and the timing of execution (e.g., the "eve of the wedding" agreements).
• Drafting Best Practices: Actionable strategies, checklist recommendations, and clause-drafting techniques derived directly from successful case precedents.