New South Wales Consolidated Acts

PROPERTY (RELATIONSHIPS) ACT 1984 - SECT 47

47 Effect of agreements in certain proceedings

(1) Where, on an application by a party to a domestic relationship for an order under Part 3, a court is satisfied:

(a) that there is a domestic relationship agreement or termination agreement between the parties to the relationship,

(b) that the agreement is in writing,

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

(d) that each party to the relationship was, before the time at which the agreement was signed by him or her, as the case may be, furnished with a certificate in or to the effect of the prescribed form by a solicitor which states that, before that time, the solicitor provided legal advice to that party, independently of the other party to the relationship, as to the following matters:

(i) the effect of the agreement on the rights of the parties to apply for an order under Part 3, and

(ii) the advantages and disadvantages, at the time that the advice was provided, to the party of making the agreement, and

(e) that the certificates referred to in paragraph (d) are endorsed on or annexed to or otherwise accompany the agreement,

the court shall not, except as provided by sections 49 and 50, make an order under Part 3 in so far as the order would be inconsistent with the terms of the agreement.

(2) Where, on an application by a party to a domestic relationship for an order under Part 3, a court is satisfied that there is a domestic relationship agreement or termination agreement between the parties to the relationship, but the court is not satisfied as to any one or more of the matters referred to in subsection (1) (b), (c), (d) or (e), the court may make such order as it could have made if there were no domestic relationship agreement or termination agreement between the parties, but in making its order, the court, in addition to the matters to which it is required to have regard under Part 3, may have regard to the terms of the domestic relationship agreement or termination agreement.

(3) A court may make an order referred to in subsection (2) notwithstanding that the domestic relationship agreement or termination agreement purports to exclude the jurisdiction of the court to make that order.