Question
Australian Law (want to hear from studied Australian business law...) Hi, I brought a different type of question I would like to practise. I learnt
Australian Law (want to hear from studied Australian business law...)
Hi, I brought a different type of question I would like to practise. I learnt a lot from here. Thank you for using Australian resources.Please keep showing it.
The question is placed after the scenario...
James' business was a huge success, and at the age of 80, he became a millionaire who owned more than $50 million in assets. He meets Nata, a 27-year-old elementary school teacher who lives in Sydney, through a dating app he used to use. Mariana recently moved from Mexico to Sydney on a student visa, and had no friends or relatives she knew. Mariana has no assets under her name, and her English skills are much lower. James and Mariana are getting married a year after dating. Mariana was very excited about starting a family with James and prepares her family for the wedding. James wants both parties to clarify how James' assets will be distributed in the event of divorce or death as Mariana enters into a premarital contract before marriage. James found on the Internet that pre-marital agreements may not be legally effective because they are not consented.
Question
James is worried that the pre-marriage agreement may not be legally valid because it is reached without morality. Let's study how to sign a valid contract with Kevin without undue influence or involving actions that may be considered unconscionable.
(Writer's opinion: I think writing in large sections, perhaps in three, would be best suited to the line I learned at school.)
Please explain following three
(I would really appreciate that if you can comment after your writig seperately how you usually search the resources; please show me if you can access Austlii(australian law case searching platform) to find a relevant law case)
1. Explain to James using your own words and relevant case law what undue influence and unconscionable conduct is.
2.Identify what factors in his relationship to Mariana may result in claims of undue influence and/or unconscionable conduct.
3.Suggest steps that can be taken by James avoid undue influence and unconscionable conduct involved with the pre-nuptial agreement.
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