Rebecca is a successful business woman who at the age of 45 has become a millionaire with assets worth over $35 million. She meets Aldo who moved to Melbourne six months ago from Brazil as a student and is currently studying at university. He lives in university accommodation. Being a student, he also has very few assets. His ability to speak English is also very limited. About three months after meeting each other, Rebecca and Aldo decide to get married and they set a date for their wedding. Aldo is really excited about starting a family with Rebecca and arranges for his family to come to Australia for his wedding. Rebecca wants Aldo to sign a pre-nuptial agreement before the wedding so that both parties are clear how her property will be distributed in the event of separation or death. Aldo has no idea about the agreement and its impact. Rebecca does an internet search and finds an article that states that a pre-nuptial agreement may not be valid due to lack of consent.

Rebecca is worried that the pre-nuptial agreement may not be valid due to lack of consent and seeks your advice as to how to make a valid agreement with Aldo without involving conduct which can be considered as undue influence or unconscionable conduct.

In your answer, please address the following elements:

• Explain to Rebecca using your own words and relevant case law what undue influence and unconscionable conduct is. Use relevant cases.
• Identify what factors in her relationship to Rocky may result in claims of undue influence and/or unconscionable conduct.
• Suggest steps that can be taken by Reebcca to avoid undue influence and unconscionable conduct involved with the pre-nuptial agreement.