After separating 10 months ago my husband and I entered a BFA that gave me approximately 55% of our net property. This was on the basis that our children who are aged 13 and 14 would live with each parent week on week off. I have since realised that I have a small super fund of about $40,000 that I had forgotten about and neglected to disclose. I have also learned that he had purchased an investment property with his new partner around the time of the BFA but did not include his interest in it. I feel I have been denied a share of the investment property. What can I do?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Penelope Stevens of Faraday Law, Brisbane 4000 Qld
- Both of those situations may be grounds to set aside the BFA.
- Some investigation will be required to assess whether it is worth the effort and cost.
- At this point you do not know whether your former partner’s interest had a positive value. In fact in the circumstances you have outlined you may owe him.