Question 1

Can overseas financial agreements be enforced in Australia?

Accepted Answer

No, overseas financial agreements entered into by parties living and working overseas are not enforceable in Australia, subject to the requirements of the jurisdiction in which the parties reside.

Question 2

Are financial agreements entered into by parties living overseas before, during, or after the relationship enforceable in Australia?

Accepted Answer

No, financial agreements entered into by parties living and working overseas before, during, or after the relationship, subject to the requirements of the jurisdiction in which the parties reside, cannot be enforced in Australia.

Question 3

What should parties who reside overseas but have property in Australia do to ensure the enforceability of their financial agreements?

Accepted Answer

It would be advisable for parties who reside overseas but have property in Australia to enter into a legally binding and enforceable financial agreement in Australia, as well as entering into a similar overseas financial agreement.

Question 4

Is Australia a party to any convention regarding the recognition and enforcement of international prenuptial agreements?

Accepted Answer

No, Australia is not a party to any convention dealing with the recognition and enforcement of international prenuptial agreements.

Question 5

Are overseas financial agreements enforceable in Australia if the parties do not have any property in Australia?

Accepted Answer

No, overseas financial agreements entered into by parties living and working overseas are not enforceable in Australia, regardless of whether the parties have any property in Australia or not.

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