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Setting Aside Agreements Document

Setting Aside Agreements

If you signed under pressure, without full information, or without advice, you may be able to challenge your agreement.

Challenging agreements under the Family Law Act.

Not all agreements made during separation or family disputes are fair or enforceable. Under the Family Law Act, the court may set aside (cancel) or vary (change) a family law agreement—such as a separation agreement, property agreement, or parenting agreement—if it was not made fairly or with full and informed consent. You may have grounds to challenge an agreement if:

  • You did not understand your legal rights or did not obtain independent legal advice
  • You signed the agreement under duress, coercion, or undue pressure
  • There was non-disclosure of important financial information
  • The terms are significantly unfair or one-sided
  • Circumstances have materially changed since the agreement was signed

Our firm carefully reviews agreements to determine whether they meet the standards set out in the Family Law Act. If there are grounds to set aside the agreement, we provide clear advice on your legal options and the steps required to protect your interests. Where necessary, we represent clients in court proceedings to seek a fair outcome.

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