For agreements under Part VIIIA of the Family Law Act 1975 (Cth), s 90G sets requirements for a binding agreement, including independent legal advice about its effect and its advantages and disadvantages at the relevant time. Section 90K identifies grounds for setting an agreement aside. De facto agreements use a separate statutory regime. A translation, witness or adviser shared between the parties does not replace each party’s independent legal advice.
Thorne v Kennedy (2017) 263 CLR 85; [2017] HCA 49 arose from agreements signed in circumstances involving an overseas fiancée, substantial financial inequality and an approaching wedding. The High Court set the agreements aside for undue influence and unconscionable conduct. Strong independent advice against signing did not eliminate the surrounding pressure. The case does not invalidate all unequal agreements; it requires attention to the circumstances in which consent is obtained.
Start well before wedding arrangements create pressure. Exchange reliable information about Australian and overseas property, business interests, debts and intended treatment of gifts or inheritances. Use accurate interpretation where needed and allow genuine opportunities to negotiate. Do not present the agreement as a routine form that must simply be signed to keep the wedding on track.
Discuss children, future financial changes and the relationship between the agreement and estate planning. An Australian financial agreement does not automatically settle ownership or enforcement issues in China. Bring existing agreements, asset records and the proposed timetable to separate advisers. Careful preparation helps each person understand the commitment and reduces the risk of a later dispute about disclosure or pressure.
Author: Deanna Ding
Last updated: October 2026
Jurisdiction: Queensland, Australia
Disclaimer: This article provides general information only and does not constitute legal, financial or tax advice. The law may change and its application depends on individual circumstances. You should obtain professional advice before acting on the information contained in this article.