Weekly Snapshot Issue: 19 – 8 March 2019

Case we are discussing…

We often hear people cite pre-nuptial agreements in casual conversation and there is no doubt that it is a mechanism many consider seriously prior to, during and after marriage or a de-facto relationship. (Kanye famously lent his advice in his song “Gold digger” “Holla, “We want prenup! We want prenup!” …. It’s somethin’ that you need to have…‘Cause when she leave yo’ ass, she gon’ leave with half”.

As Solicitors; we’d advise that a) if you’re in need of legal advice, please seek advice from a legal professional rather than a rap star and b) if you’re going enter into an Agreement; ensure it is done correctly. This will guarantee your sanity and save you costs later down the track.

The case of Graham and Squibb [2019] FAMCAFC related to a “Pre-Nuptial Agreement” entered into by the parties before their marriage. The crux of the matter was that the Agreement was simply titled “Pre-Nuptial Agreement” and did not make reference to section 90B of the Family Law Act 1975 (Cth) (relating to financial agreements before marriage) but rather to the “laws of the State of Victoria” .

The wife sought for the court to correct the Agreement to make reference to the Family Law Act 1975 (Cth) to reflect the parties’ intention at the time of executing the Agreement. The husband sought to have the Agreement set aside. Ultimately, the court on appeal found that the primary Judge was correct in ruling in favour of the Wife. The court found that if the husband did not intend to mislead the wife by executing the Agreement so as to induce her false belief he considered the Agreement was binding, the only rational alternative is that he signed the Agreement honestly believing (contrary to his lawyer’s submissions) the Agreement would bind the parties without realising it would fail to do so in the form it was executed.

Ritual we’re fascinated by…

In a world operating and relying heavily on automated machinery, it is somewhat therapeutic to watch an artisan work using ancient processes. There is an unadulterated authenticity to a product created through human hands. The National Geographic recently posted a video on the residents of the Nanshan village in China making Soumian “long-life” noodles. The way the dough is kneaded and then weaved over rods to be hung in open air to stretch is mesmerising.

Music we’re enjoying…

Listening to classical music can be beneficial on so many levels – from increasing brain activity & memory, lowering anxiety to improving sleep. We’ve also recently read that listening to classical music following a workout can in fact assist in muscle recovery!

When you’ve had enough of Mozart; we say why not explore Modern Classical artists from around the world?

Check out the world renowned Oud Virtuoso and musical entrepreneur Naseer Shamma for soothing yet lifting music. Appointed as the UNESCO Artist for Peace, his music is a delicate balance of modern tunes and deeply traditional sounds.  

Ted Talk we’re inspired by…

As avid listeners to podcasts (we devour these babies at every given situations and always open to your suggestions!); this week we ventured into podcasts produced in languages other than English for a change. The episode referenced Jia Jiang’s Ted Talk on deliberately seeking out rejection for 100 days – from asking for a burger refill at a restaurant to asking a Professor if he could take over and teach his class. He desensitises himself from the shame of rejection and opens up a tonne of possibilities in his life by simply asking the follow up question of “why?” after every “no”.

Word of the week…

Of Portuguese origin, Saudade is similar but not equal to nostalgia. 

Saudade can be defined as a profound nostalgia felt towards people and things whose whereabouts are unknown. Feelings of Saudade could be felt towards old ways and sayings, ones childhood place or country or a lost lover who is sadly missed. 

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