Conflicts of Law
In Australia, financial agreements1 which allow de facto or married couples to enter into some form of contract or agreement about how financial matters between them should be regulated, are available in all States, Territories and the Commonwealth of Australia.2
This article looks at the use and effectiveness of choice of law and jurisdiction clauses in financial agreements. A choice of law and jurisdiction clause typically states that the law governing the contract will be, for instance, the law of Western Australia, and that any dispute about the terms of the contract or enforcement of the contract, will be determined by the Courts in Western Australia. Does a clause such as this, actually mean that the law in Western Australia will be the law which applies to the agreement, or will it depend on the laws that are applicable in the forum in which one party to the agreement makes an application?
Jarvis, L. (2006). Conflicts of law. Australian Journal of Family Law, 20(1), 79-88.