When poor Mercutio gets embroiled in a familial punch-up between
the Montagues and the Capulets, he is the one that gets stabbed and
dies. Before collapsing off-stage, he curses the fight that brings
about his untimely demise. Such a curse might also fall from
unsuspecting and unprepared family lawyers who prepare financial
agreements for couples who may, perhaps years or decades into the
future, end up warring like Romeo and Juliet's mum and dad.
Much blood and ink has already been spilt in dire admonitions
and imprecations concerning compliance with the formal requirements
necessary to bind the parties to financial agreements set out in
section 90G of the Family Law Act 1975. We see no
coincidence that the case which demanded "strict compliance
with the statutory requirements" is named Black. Thankfully,
recent amendments to the compliance regime have ameliorated the
legal gymnastics required to ensure an agreement is binding. Having
said that, as Paul Doolan notes