Legal options to challenge or set aside a binding agreement in Australia
People may want to challenge or overturn a legal agreement they signed, often a Binding Financial Agreement (BFA), separation agreement, or postnup. These documents are binding under the Family Law Act 1975, but there are legal grounds for challenging them.
Under Section 90K (married) or 90UM (de facto) of the Family Law Act, courts may set aside a Binding Financial Agreement if one party didn't disclose key assets or income, the agreement was signed under duress, undue influence or fraud, the terms are grossly unfair or unconscionable, or circumstances have changed significantly such as children, illness, or hardship. "Set aside" is the correct legal term for when courts declare these agreements invalid.
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Key benefits of challenging an unfair agreement
Challenging a financial agreement can protect your rights and ensure decisions reflect your current life. You might pursue this if you no longer believe the agreement is fair, you signed it without understanding or under pressure, your ex hid major assets or lied, your circumstances have changed due to illness, new child, or hardship, or you want the court to review the agreement before moving forward.
It's important to know that challenging a financial agreement can protect your rights when the original agreement was made unfairly or no longer suits your situation. Agreements aren't always final, and if they were signed improperly or life has changed significantly, you may have legal options.
How our AI legal assistant can help
Our AI legal assistant can instantly answer your questions about challenging family law agreements in Australia. It's available 24/7 and gives personalised legal information based on the Family Law Act 1975. Get answers about whether your agreement might be challenged, what the court process involves, and what constitutes unfair or unenforceable terms.
For complex issues or to formally challenge an agreement, we can connect you with a licensed Australian family lawyer who can assess your case, guide you through court proceedings, and represent your interests.
Common scenarios we help with:
You signed a prenup without independent legal advice
You've found out your partner hid assets during the agreement process
You're struggling to manage under the current agreement terms
The agreement no longer reflects your life since having children or illness
You suspect coercion, pressure, or fraud when the agreement was made
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