最高法院判例：Binding Financial Agreement 为何失效？南澳律师被告的全过程解析
婚前协议不是“防弹衣”！南澳高院判例：BFA失效、律师被告、谁来赔？

为什么婚前财产协议在澳洲经常失效？高院最新案例告诉你真相?

✅ YouTube 视频简介（Description）

今天带大家解析澳大利亚高等法院（High Court）最近关于 Binding Financial Agreement（婚前财产协议） 的重要判例。
R Lawyers v Mr Daily [2025] HCA 41
High Court of Australia
Gageler CJ, Gordon, Edelman, Jagot, & Beech-Jones JJ
Negligence – in 2005, before marriage, husband and wife entered binding financial agreement (BFA) under Family Law Act 1975 (Cth) – in 2024, after separation, primary judge in Federal Circuit and Family Court (Division 1) set aside BFA for uncertainty and material change in circumstance due to couple having had children – husband joined law firm who advised him as
to BFA and sued in negligence – primary judge upheld negligence claim for wasted legal fees defending BFA but rejected negligence claim for worse outcome in family law property proceedings – Federal Circuit and Family Court (Division 1) Appellate Jurisdiction allowed husband’s appeal and remitted the part of claim primary judge had dismissed, and held
negligence claim was not statute barred – law firm granted special leave to appeal to High Court
– held (by GagelerCJ, Jagot, & Beech-JonesJJ; Gordon & Edelman agreeing): negligence did not cause loss until separation – claim not statute barred – husband had not framed case as loss of opportunity, so had to show negligence did (not possibly did) prevent him obtaining better
outcome – as primary judge found husband would not have refused to marry unless certain BFA would be upheld, only basis for husband to show he would have obtained better outcome was to show he would have entered a BFA and it would have been upheld – husband did not adduce
evidence as to form of BFA a lawyer in 2005, exercising reasonable care and skill, might have drafted to avoid it being set aside if couple had children, or that wife would have agreed to such
BFA – appeal allowed.

本案中，当事人在婚前签署了 BFA，希望未来离婚时能按协议分财产。然而在之后多年婚姻关系变化、孩子出生的情况下，法院判定协议失效。更戏剧的是，当事人转而起诉起草 BFA 的律师，认为律师未尽到告知义务，导致他在离婚中蒙受巨大财产损失。

视频将带你了解：

为何 BFA 在澳洲容易被判无效？

孩子出生、重大变化为何能“推翻”婚前协议？

在什么情况下律师需承担赔偿责任？

诉讼时效（limitation period）的计算方式与争议点

为何最终律师在高等法院“赢回来了”？

澳洲合同法与衡平法（equity）如何保护公平？

为什么在澳洲“太不公平的合同”法院不会支持？

本案告诉我们：
✔ 婚前协议并非“防弹衣”；
✔ 法院看重的是“公平性”；
✔ 在澳洲起诉律师风险高、成本高、未必有利；
✔ 如果能协商解决，往往比打官司更划算。

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