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Separation agreement set aside; date of separation fixed at March 2014 on objective factors.
In this focused family law trial, the court determined the validity of a purported separation agreement and the date of separation.
The applicant sought to set aside the agreement and claimed separation occurred in 2021; the respondent claimed separation in 2008/2009.
The court found the agreement invalid due to lack of financial disclosure, legal advice, and accurate factual recitals, having been signed under duress.
The court determined the date of separation and valuation date as March 3, 2014, when the respondent moved to Thailand with their son, finding no reasonable prospect of reconciliation thereafter.
