Contrary intention is a legal term that refers to a situation where someone’s true wishes or intentions differ from what is written in a legal document. This concept often arises in cases involving wills, financial agreements, and property settlements when there is a dispute about what the parties involved actually meant or wanted.
Contrary intention allows the courts to look beyond the literal wording of a document to consider the actual intentions of the person who created it, ensuring that the document’s interpretation aligns with their true wishes.
In simple terms, “contrary intention” is when a person’s actual intention does not match what is typically expected or presumed in legal documents. It means that the person intended something different from what is written in a standard legal form or what the law might usually assume.
For example, if you write a will stating that your property will be given to your children, but there is other evidence showing that you actually wanted your spouse to receive it, this can be a case of contrary intention.
Here, the written will shows one thing, but your actions or other documents might indicate something else. The court may need to interpret this intention differently based on the evidence provided.
Contrary intention is a way for the courts to ensure that legal documents reflect what the person truly wanted, rather than sticking strictly to the wording that may not show the full picture.
II. How Does Contrary Intention Affect the Interpretation of Legal Documents?
Legal documents such as wills, financial agreements, and property settlements often contain standard wording or “default” clauses that apply if the parties do not specify otherwise. However, if a person’s actions, statements, or other writings show a contrary intention, the court might decide to interpret the document differently.
For instance, if a financial agreement between spouses states that certain assets are to be divided equally, but the parties have both expressed a clear desire for unequal division through emails or letters, the court might consider this as contrary intention.
In this situation, the court would look beyond the plain text of the document to understand what the parties really intended.
This can be crucial in family law cases, where emotions and complex relationships often lead to agreements that might not be entirely clear. If the court finds evidence of a contrary intention, it may choose to interpret the document in a way that aligns more closely with the true wishes of the people involved.
When Is Contrary Intention Used in Family Law Disputes?
Contrary intention can play a significant role in several types of family law disputes, especially those involving:
- Wills and Estates: When someone’s will is challenged, the concept of contrary intention might be used to show that the will does not accurately reflect the deceased person’s true wishes. For example, if a will divides assets equally among children, but there is strong evidence that one child was meant to receive a larger share, the court might consider this a contrary intention.
- Property Settlements: In cases of divorce or separation, property agreements may not always reflect what both parties truly intended. If there is clear evidence that one spouse was meant to receive a specific asset (like a family heirloom), but the written agreement says otherwise, contrary intention could be argued to correct this.
- Binding Financial Agreements: These agreements, often used by couples to manage assets and financial matters, may sometimes be challenged if one party can show evidence that the agreement does not align with their actual intentions.
For instance, if a prenuptial agreement states that each party keeps their own assets, but the couple’s behaviour indicates that they intended to share certain assets, this could be a case of contrary intention.
Custody and Parenting Plans: While less common, contrary intention can also arise in disputes over parenting arrangements if there is evidence suggesting a different plan was intended than what was formally agreed upon.
Also Read: Prenup Agreement Australia: 5 Important Benefits
What Evidence Can Prove a Contrary Intention in Court?
To prove contrary intention in court, you need clear and convincing evidence. This is often the most challenging part of a family law dispute because the court must rely on what can be shown, not just on what someone says they intended.
Common types of evidence include:
- Written Documents: Emails, letters, or notes can show what a person’s real intentions were, especially if they contradict the formal legal document. For example, a series of emails discussing a different division of property than what is in the signed agreement might be used as evidence.
- Witness Testimony: Statements from friends, family members, or professionals who were involved in discussions or transactions can help establish what the person’s intentions were. This might include a financial adviser or lawyer who was present when the agreement was made.
- Behaviour and Actions: Actions speak louder than words in many cases. If someone’s behaviour is consistently at odds with what a legal document states, this could be used as evidence of contrary intention.
For instance, if a person repeatedly gives financial support to a spouse despite an agreement stating they have no obligation to do so, this could indicate a contrary intention. - Previous Legal Documents: Earlier versions of a will, financial agreement, or property settlement can be compared with the current document. If there are significant changes that seem inconsistent with the person’s previous intentions, this could support a case for contrary intention.
- Expert Testimony: Sometimes, expert opinions from legal or financial professionals are needed to help interpret complex evidence and support the argument for contrary intention.
How Can I Draft Legal Documents to Avoid Issues of Contrary Intention?
To minimise the risk of disputes over contrary intention, it’s crucial to draft legal documents clearly and carefully. Here are some tips to keep in mind:
- Be Specific: Avoid using vague or generic language. Clearly outline what you want to happen with your assets, property, or financial agreements. For example, instead of saying, “assets will be divided fairly,” specify how each asset should be divided.
- Document Everything: Keep detailed records of discussions, negotiations, and decisions. Written notes, emails, and even text messages can be valuable evidence if your intentions are ever questioned.
- Seek Legal Advice: Working with an experienced family lawyer is the best way to ensure your documents reflect your true intentions. A lawyer can help you avoid common pitfalls and ensure your wishes are expressed clearly.
- Review and Update Regularly: Life changes, and so should your legal documents. Regularly reviewing your will, financial agreements, and property settlements with a lawyer can help ensure they continue to reflect your intentions, even as circumstances change.
- Communicate Your Intentions Clearly: Make sure that your loved ones and any relevant parties understand your wishes. Discuss your intentions openly, and consider writing a letter of intent or creating a side document that explains the reasoning behind your choices.
Walker Pender: Making Sure Your True Intentions Are Heard
Understanding the concept of contrary intention is vital when dealing with legal documents in family law. It can affect how agreements are interpreted and whether they truly reflect what you want.
By being clear and specific, keeping good records, and seeking professional legal help, you can help avoid misunderstandings and ensure that your true intentions are respected.
If you need assistance with legal documents or have concerns about contrary intention in a family law matter, consider reaching out to the experienced team at Walker Pender. Our knowledgeable lawyers can help guide you through the complexities of family law, ensuring your documents reflect your genuine wishes and intentions.
Contact Walker Pender today for expert advice and tailored legal support that puts your intentions first. Your peace of mind is our priority, and we’re here to help.
