Thorne v Kennedy: An Australian Family Law Landmark Case

thorne v kennedy | Melbourne Family Lawyers

Thorne v Kennedy is a landmark case in Australian family law that has set a precedent for prenuptial agreements.

The case involved Ms. Thorne, a 36-year-old woman, and Mr. Kennedy, a 67-year-old man, with a significant age and wealth gap.

They met online and decided to marry. Mr. Kennedy had assets worth between $18 and $24 million, while Ms. Thorne had no substantial assets to her name.

The Prenuptial Agreement

Just 11 days before their wedding, Mr. Kennedy presented Ms. Thorne with a prenuptial agreement. He insisted that the wedding would be off if she didn’t sign it.

Despite her prenup lawyer advising her that the agreement was not in her best interest, Ms. Thorne went ahead and signed it.

She felt pressured, especially since her family had already flown in for the wedding.

The Court’s Decision

The case went through various levels of the court system, ultimately reaching the High Court of Australia, where the prenuptial agreement was found to be invalid and unenforceable.

The court found that Ms. Thorne was under undue influence and that unconscionable conduct was involved in signing the agreement.

Also read: What Should a Woman Ask for in a Prenup

Implications of the Thorne v Kennedy Case

Legal Precedent

Thorne v Kennedy case has set a legal precedent that could potentially invalidate many prenuptial agreements made under similar circumstances.

The High Court’s decision emphasises the importance of genuine consent and exposes the risks of undue influence and unconscionable conduct in forming such agreements.

Impact on Future Cases

This case serves as a cautionary tale for future prenuptial agreements. It raises questions about the enforceability of “bad contracts” made as a result of poor behaviour, extending its implications beyond just family law.

Ethical Considerations

The case also brings up ethical considerations around the power dynamics in relationships, especially when there is a significant age or wealth gap between the parties.

What Are the Key Takeaways From This Case?

Importance of Timing

One of the significant lessons from this case is that prenuptial agreements should be discussed and signed well before the wedding date.

This can help ensure both parties have ample time to consider the terms and seek legal advice, reducing the chances of undue influence or duress.

Legal Advice is Crucial

The case highlights the importance of seeking competent legal advice before signing any prenuptial agreement.

Even if both parties have independent legal advice, the court can still find that the agreement was signed under duress.

Wealth Disparity

When there’s a significant wealth gap between the parties, extra care should be taken to ensure that the agreement is fair and that there is genuine consent from both parties.

Additional Insights

Unanswered Questions

The case leaves some questions unanswered, such as the circumstances under which a “bad bargain” will be upheld over a just and equitable property division.

It serves as a reminder that contract and equity law principles are as crucial in family law financial agreements as they are in commercial contracts.

Thorne v Kennedy case is not just a cautionary tale; it’s a significant case that has changed the landscape of prenuptial agreements in Australian family law.

Whether you’re a legal practitioner, a couple considering a prenup, or just someone interested in the intricacies of family law, this case offers valuable lessons for all.

The case also underscores the critical importance of genuine consent, the perils of undue influence, and the ethical considerations that come into play when there’s a significant disparity in age or wealth between parties.

It’s a case that has far-reaching implications for couples, legal practitioners, and policymakers. 

If you’re considering entering into a prenuptial agreement, the lessons from this case cannot be overstated.

Given the complexities and potential pitfalls, seeking competent legal advice before nuptial ceremonies is highly advisable.

After all, a well-crafted, fair, and transparent prenuptial agreement can provide a strong foundation for a marriage, but cutting corners could lead to a legal dilemma.

Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.

1 thought on “Thorne v Kennedy: An Australian Family Law Landmark Case”

  1. Pingback: Signing a Prenup Under Duress: 4 Important Factors the Court Will Consider | Melbourne Family Lawyers

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