Australian Capital Territory Numbered Acts

DOMESTIC RELATIONSHIPS ACT 1994 - SECT 33

33. (1) In proceedings under Part III, where a court is satisfied that—

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

        (b)     the agreement is in writing;

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

        (d)     before the agreement was so signed each party was furnished with a certificate by a solicitor to the effect that the solicitor had advised that party, independently of the other party, as to the following matters:

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

              (ii)     if it was advantageous, financially or otherwise, for that party to enter into the agreement;

              (iii)     if it was prudent for that party to enter into the agreement;

              (iv)     if the agreement was fair and reasonable in the light of the circumstances that were reasonably foreseeable then; 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 III that would be inconsistent with the terms of the agreement.

(2) In proceedings under Part III, where a court is satisfied that there is an agreement between the parties to a domestic relationship, but is not satisfied as to any one or more of the matters referred to in paragraph (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.