BFAs – Is a marriage a relationship of undue influence?
Every marriage or de facto relationship usually involves a level of mutual trust, confidence and influence. However, when does that normal situation become undue influence or enable one party to unconscionably take advantage of the other? These questions were considered by the Family Court in two cases dealing with pre-nuptial style agreements - Saintclaire & Saintclaire and Zagar & Hellner.