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PROPERTY (RELATIONSHIPS) ACT 1984 - SECT 44 Definitions

PROPERTY (RELATIONSHIPS) ACT 1984 - SECT 44

Definitions

44 Definitions

(1) In this Part--


"domestic relationship agreement" means an agreement between 2 persons (whether or not there are other parties to the agreement)--
(a) that is made in contemplation of their entering into a domestic relationship, or while they are in one, and
(b) that makes provision with respect to financial matters, whether or not it also makes provision with respect to other matters,
and includes such an agreement that varies an earlier domestic relationship agreement and any agreement to which subsection (2) applies.


"financial matters" , in relation to parties to a domestic relationship, means matters with respect to any one or more of the following--
(a) the maintenance of either or both of the parties,
(b) the property of the parties or either of them,
(c) the financial resources of the parties or either of them.

"termination agreement" means an agreement between 2 persons, whether or not there are other parties to the agreement--
(a) that is made in contemplation of the termination of a domestic relationship existing between them, or after the termination of such a relationship between them, and
(b) that makes provision with respect to financial matters, whether or not it also makes provision with respect to other matters,
and includes such an agreement that varies an earlier domestic relationship agreement or termination agreement, but does not include an agreement to which subsection (2) applies.
(2) An agreement made in contemplation of the termination of a domestic relationship is taken to be a domestic relationship agreement if the relationship is not terminated within 3 months after the agreement was made.
(3) The application of this Part extends to an agreement made before the re-enactment of this section by the Property (Relationships) Legislation Amendment Act 1999 .