Can my Binding Financial Agreement be set aside by the Court?
Yes. It is important to note that a Court may set aside an Agreement if there has been fraud (such as non-disclosure of a material matter); an intention to defeat or reckless regard of the interest of a creditor; any duress; undue influence or unconscionable conduct (taking advantage of any weakness of a party); or circumstances have arisen making it impracticable for the agreement to be carried out.