27 June 2015
Dear Mentor, I would like to enquire if a financial agreement prepared and executed between Australian residents, in Australia, can include/make reference to properties located overseas e.g. China? Will this be enforceable? What will be the relevant legislation involved in the preparation of said agreement? Thank you.
The Family Court may make orders in relation to property situated overseas: section 31(2) Family Law Act (1975). However such orders are not automatically recognised in other jurisdictions.
Consider framing the agreement relating to the Australian property on the basis that there will be no alteration of the interests in the Chinese property. In this way, your client may achieve finality without being concerned about the law and enforcement in China.
Regards Mentor
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