FAMILY LAW AMENDMENT (ANNUITIES) ACT 2004 No. 153, 2004 - SECT 4 Application of annuity amendments

Commonwealth Numbered Acts

Application of annuity amendments

(1): Subject to this section, the annuity amendments apply to all marriages, including those that were dissolved before the startup time.
(2): Subject to subsections (3) and (4), the annuity amendments do not apply to a marriage if a section 79 order, or a section 87 agreement, is in force in relation to the marriage at the startup time.
(3): If a section 79 order that is in force at the startup time is later set aside under paragraph 79A(1)(a), (b), (c) or (d) of the Family Law Act, then the annuity amendments apply to the marriage from the time the order is set aside.
(4): If an approval of a section 87 agreement that is in force at the startup time is later revoked on a ground specified in paragraph 87(8)(a), (c) or (d) of the Family Law Act, then the annuity amendments apply to the marriage from the time the approval is revoked.
(5): The annuity amendments do not apply in relation to a financial agreement that was made before the startup time.
(6): In this section, unless the contrary intention appears:

"annuity amendments" means the amendments made by Schedule 2.

"marriage" includes a void marriage.

section 79 order means an order (other than an interim order) made under section 79 of the Family Law Act.

section 87 agreement means an agreement approved under section 87 of the Family Law Act.

"startup time" means the time when Schedule 2 commences.

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