South Australian Consolidated Acts

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DOMESTIC PARTNERS PROPERTY ACT 1996 - SECT 8

8—Power to set aside or vary domestic partnership agreement

        (1)         If a court is satisfied that the enforcement of a domestic partnership agreement would result in serious injustice, the court may set aside or vary the agreement to avoid the injustice.

        (2)         A court may exercise its powers under this section—

            (a)         on the court's own initiative; or

            (b)         on the application of either party to the domestic partnership agreement.

        (3)         However, a court cannot set aside or vary a domestic partnership agreement under this section if—

            (a)         the agreement provides for the exclusion of the court's power to set aside or vary the agreement; and

            (b)         the agreement is a certified domestic partnership agreement.



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