12 Nov More Doubts about Pre-Nups: The Grant Hackett Saga

At Catalyst Family Lawyers we don’t act in matters involving so-called binding financial agreements (otherwise known as pre-nups) and here is a classic example as to why. It was all smiles when actress, Candice Alley, and her then husband, former Australian Olympic swimming champion, Grant Hackett married in 2007. That all came to a crushing end when the couple separated in 2012.
 
Since then they have been involved in protracted litigation in respect of the binding financial agreement signed by both of them in happier times. Court documents reveal that Alley was allegedly warned by barrister, David Brown, QC not to sign a pre-nuptial agreement before she married Hackett because it was “grossly unfavourable” to her. Allegedly it is said that according to their pre-nup, Alley was to receive 15 per cent Hackett’s assets if their marriage broke down after less than 10 years and 25 per cent if they separated after more than 10 years.
 
The couple separated in May 2012. Hackett, 35, is now suing the parties’ respective family lawyers, Brisbane-based Mullins Lawyers and Melbourne-based Nevile & Co over the allegedly botched agreement, claiming their negligence caused him financial loss because it was found to be not binding.Both law firms deny any liability, claiming they gave appropriate legal advice, and a judge-alone civil trial is expected to start in the Victorian Supreme Court in April 2016.
 
Allegedly, Alley signed the pre-nup on March 19, 2007, where she agreed that if the marriage broke down, the party with the greater net assets and financial resources would pay a lump sum to the other person depending on the number of years they had been married. Should they separate before 10 years of marriage, effectively Alley would receive 15 per cent of Hackett’s assets but after more than 10 years she would receive 25 per cent of Hackett’s assets. In documents tendered to the court Nevile & Co revealed Hackett retained Mullins Lawyers in May 2009 to change the pre-nup to give Alley 40 per cent if the couple had children before separating. The couple’s twins, Jagger and Charlize, were born in September 2009. They searated in May 2012.
 
It is alleged that Hackett claims his former wife applied to a court to have their pre-nup declared null and void in June 2012, as she had allegedly never received any legal advice in 2007 from Joseph Buccheri, who was acting as a consultant solicitor for Nevile & Co, about the impact of the agreement on her rights; that she had simply been told where to sign and did not really understand the nature and effect of what she was signing.
 
In documents tendered by Nevile & Co, Mr Buccheri said he advised Alley’s mother between January 22, 2007, and March 19, 2007, to urge her daughter not to sign the pre-nup as it was “one of the worst agreements he (Mr Brown) had ever seen”. “Buccheri advised that David Brown, QC, considered the financial agreement to be grossly unfavourable to the wife and that she should not enter into it,” Nevile & Co said.
 
The law firm claimed Alley then signed a document acknowledging she had been given independent legal advice and understood the details of the pre-nup she was entering into against Mr Brown’s advice. Hackett said that following Alley’s claims in June 2012, he agreed to vary the pre-nup to give her a greater share of his wealth which caused him financial loss. The matter shall be heard in April 2016. Until then the uncertainty continues….
 
Source: The Age 27/12/2015