The Caldwell decision (Caldwell & Caldwell [2026] FedCFamC1A 81) delivered 11 May 2026 is significant because it strengthens the ability of Family Courts to treat discretionary trust assets as part of the matrimonial property pool where one spouse has effective control of the trust.

In Australia, Caldwell’s case (Caldwell & Caldwell [2026] FedCFamC1A 81) delivered 11 May 2026 does not make prenuptial agreements (known as Binding Financial Agreements (BFAs) under the Family Law Act 1975) ineffective, but it does affect how parties should draft them when trusts are involved.