Doubt over prenups cast by landmark Aussie case: 'This contract would have been overthrown in NZ'

November 23, 2017

Relationship property lawyer Deborah Chambers says a landmark case in Australia where a pre-nup was thrown out could happen in NZ.

A land-mark case in Australia has cast doubt over the power of prenuptial agreements.

The decision saw a woman successfully overturn an agreement signed on the eve of her wedding to a millionaire developer.

And it has sent shock-waves through the family law fraternity across the ditch.

Relationship property lawyer Deborah Chambers said a legal challenge to a similar prenup in New Zealand would have the same outcome - it would be thrown out.

So, should loved up Kiwi couples planning to marry really be thinking about what happens if they split?

"These are different than contracts where you go and buy a building or a house," Ms Chambers said.

"You're negotiating with someone you love usually... someone you might have children with, so you have these emotional issues operating, and often a real inequality of power in terms of money, sometimes.

"We have a provision in our (prenuptial agreement) act that says if there is serious injustice the court can overthrow it - and this contract would have been overthrown in New Zealand as well."  

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