Divorced Wife Who Received $50,000 From Multi-Million Dollar Divorce to Go to the High Court
In the case of Thorne v Kennedy, the wife has appealed to the High Court of Australia to overturn a binding financial agreement (commonly known as a pre-nuptial agreement) whereby she receives $50,000 from the separation with her husband despite the husband being a wealthy property developer.
The couple met on an internet dating website. The wife lived in the middle east. The husband flew to her home and promised her that if they got married that he would look after her.
Prior to and subsequent to their wedding, the husband arranged the wife to sign a binding financial agreement whereby if the couple were married for at least two years, she would receive only $50,000 despite the developer having wealth in excess of $14 million.
The wife was successful in having the agreement declared null and void at court. The court found that there was undue influence and duress when the wife signed the document. The husband however was successful at appeal.
The matter has now been given special leave to appeal. The case will be a leading case for all family lawyers as the law surrounding binding agreements has been ambiguous for a number of years.
This matter is also particularly interesting as the husband has since died. It is his Estate, made up of his family members, who are continuing to fight to ensure that the wife does not get a bigger slice of the pie. Her claim now is for a total of $1.24 million.
The matter is listed for hearing before the High Court on 8 August 2017.
You can read about the case more at the following sites:
Want advice in relation to binding agreements and divorce? We have a leading Family Law team led by two Accredited Family Law Specialists operating out of both our Mascot and Sydney CBD offices. Contact us on 9667 1271 or email to make an appointment.