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FAMILY LAW ACT 1975 - SECT 90UJ

When financial agreements are binding

             (1)  Subject to subsection (1A), a Part VIIIAB financial agreement (other than an agreement covered by section 90UE) is binding on the parties to the agreement if, and only if:

                     (a)  the agreement is signed by all parties; and

                     (b)  before signing the agreement, each spouse party was provided with independent legal advice from a legal practitioner about the effect of the agreement on the rights of that party and about the advantages and disadvantages, at the time that the advice was provided, to that party of making the agreement; and

                     (c)  either before or after signing the agreement, each spouse party was provided with a signed statement by the legal practitioner stating that the advice referred to in paragraph (b) was provided to that party (whether or not the statement is annexed to the agreement); and

                    (ca)  a copy of the statement referred to in paragraph (c) that was provided to a spouse party is given to the other spouse party or to a legal practitioner for the other spouse party; and

                     (d)  the agreement has not been terminated and has not been set aside by a court.

Note:          For the manner in which the contents of a financial agreement may be proved, see section 48 of the Evidence Act 1995 .

          (1A)  A Part VIIIAB financial agreement (other than an agreement covered by section 90UE) is binding on the parties to the agreement if:

                     (a)  the agreement is signed by all parties; and

                     (b)  one or more of paragraphs (1)(b), (c) and (ca) are not satisfied in relation to the agreement; and

                     (c)  a court is satisfied that it would be unjust and inequitable if the agreement were not binding on the spouse parties to the agreement (disregarding any changes in circumstances from the time the agreement was made); and

                     (d)  the court makes an order under subsection (1B) declaring that the agreement is binding on the parties to the agreement; and

                     (e)  the agreement has not been terminated and has not been set aside by a court.

          (1B)  For the purposes of paragraph (1A)(d), a court may make an order declaring that a Part VIIIAB financial agreement is binding on the parties to the agreement, upon application (the enforcement application ) by a spouse party seeking to enforce the agreement.

          (1C)  To avoid doubt, section 90UN applies in relation to the enforcement application.

             (2)  A Part VIIIAB financial agreement covered by section 90UE is binding on the parties to the agreement if, and only if, the agreement has not been terminated and has not been set aside by a court.

             (3)  A Part VIIIAB financial agreement ceases to be binding if, after making the agreement, the parties to the agreement marry each other.

             (4)  A court may make such orders for the enforcement of a Part VIIIAB financial agreement that is binding on the parties to the agreement as it thinks necessary.



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