Property agreements — section 93
For qualifying written property agreements, section 93 identifies entry-stage concerns such as significant non-disclosure, improper advantage of vulnerability, lack of understanding, or other circumstances that would make a contract voidable.
Spousal support agreements — section 164
Section 164 uses similar entry-stage factors for written spousal-support agreements, including non-disclosure and improper advantage. It also contains a later fairness analysis that is specific to support.
Evidence that matters
Preserve drafts, financial disclosure, emails, certificates of independent legal advice if any, and evidence about the circumstances in which the agreement was negotiated and signed.
Property and support are not identical
Do not assume a reason that could affect a support clause automatically sets aside a property clause. The statutory framework and consequences differ.
Cost planning
Agreement litigation can become document-heavy. Before filing, isolate which clauses are challenged, which statutory section applies and what remedy is sought.