Question
Peter, who is Dr Phil Ling's brother, is a charismatic musician, who has made a name for himself in the music industry and, at the
Peter, who is Dr Phil Ling's brother, is a charismatic musician, who has made a name for himself in the music industry and, at the age of 35, has made enough money to retire. One day, he meets Swee Ling at the Australian Open. Currently on a student visa, her English is almost nonexistent, but somehow they manage to communicate with a few simple words and gestures. After only a few dates, Peter proposes to her and the wedding is set for just a month later. Two weeks before the wedding, Peter takes her to see his lawyer to sign a pre-nuptial agreement, explaining to Swee Ling that if she did not agree to signing the documents, that the wedding would not go ahead. To avoid any criticisms that he has not provided Swee Ling with independent legal advice, Peter took Swee Ling to a young, inexperienced lawyer the next day to view the agreement. The lawyer tells Swee Ling not to sign it, because if they should ever divorce, she would not be entitled to any part of Peter's wealth. However, since the wedding is only a week away, and with all her immediate family arriving in a few days, she goes ahead anyway. Swee Ling, of course, doesn't really understand the document or the lawyer's explanation, but simply hopes everything will be alright. And they were: for three months! They now want to get divorced. She comes to you for advice about the agreement she signed. Advise Swee Ling if she will successfully challenge the agreement. Note: While you may rely on the course materials on chapter 7 of the textbook (Genuine Consent), research is also required for this scenario. Do not discuss any other elements of the law of contract or any matrimonial legislation such as the Family Law Act 1975 (Cth) and the Matrimonial Causes Act 1959, as they are outside the scope of this unit
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