FAMILY LAW ACT 1975 - SECT 90XM Payment flag may be terminated by court
FAMILY LAW ACT 1975 - SECT 90XM
Payment flag may be terminated by court(1) If a court makes an order under section 90K setting aside a financial agreement in respect of which a payment flag is operating, the court may also make an order terminating the operation of the flag.
Note: Under section 90XH, a superannuation agreement must be part of a financial agreement. Therefore, setting aside the financial agreement also has the effect of setting aside the superannuation agreement.
(2) If a court makes an order under section 90UM setting aside a Part VIIIAB financial agreement in respect of which a payment flag is operating, the court may also make an order terminating the operation of the flag.
Note: Under section 90XHA, a superannuation agreement relating
to a de facto relationship must be part of a Part
VIIIAB financial agreement. Therefore, setting aside the financial agreement
also has the effect of setting aside the superannuation agreement.