Australian Capital Territory Consolidated Acts

DOMESTIC RELATIONSHIPS ACT 1994 - SECT 33

    (1)     In proceedings under part 3, if a court is satisfied that—

        (a)     there is an agreement between the parties to a domestic relationship; and

        (b)     the agreement is in writing; and

        (c)     the agreement is signed by the party against whom it is sought to be enforced; and

        (d)     before the agreement was signed each party was given a certificate by a solicitor to the effect that the solicitor had advised the party, independently of the other party, about—

              (i)     the effect of the agreement on the rights of the parties under this Act; and

              (ii)     the advantages and disadvantages for the party, at the time the advice was given, of making the agreement; and

        (e)     the certificates referred to in paragraph (d) are endorsed on or accompany the agreement;

the court shall not (except as provided by sections 34 and 35) make an order under part 3 that would be inconsistent with the terms of the agreement.

    (2)     In proceedings under part 3, if a court is satisfied that there is an agreement between the parties to a domestic relationship, but is not satisfied as to any 1 or more of the matters referred to in subsection (1) (b), (c), (d) or (e), the court may nevertheless have regard to the terms of the agreement in making any order under that part.