New South Wales Consolidated Acts

PROPERTY (RELATIONSHIPS) ACT 1984 - SECT 49

49 Variation of terms of domestic relationship agreements

(1) On an application by a party to a domestic relationship for an order under Part 3, a court may vary or set aside the provisions, or any one or more of the provisions, of a domestic relationship agreement (but not a termination agreement) made between the parties to the relationship, being a domestic relationship agreement which satisfies the matters referred to in section 47 (1) (b), (c), (d) and (e), where, in the opinion of the court, the circumstances of the parties have so changed since the time at which the agreement was entered into that it would lead to serious injustice if the provisions of the agreement, or any one or more of them, were, whether on the application for the order under Part 3 or on any other application for any remedy or relief under any other Act or any other law, to be enforced.

(2) A court may, pursuant to subsection (1), vary or set aside the provisions, or any one or more of the provisions, of a domestic relationship agreement notwithstanding any provision of the agreement to the contrary.