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FAMILY LAW AMENDMENT ACT 2003 NO. 138, 2003 - SCHEDULE 5
- Other amendments relating to financial agreements
Family Law Act 1975
1A After subsection 90C(2)
Insert:
- (2A)
- For the avoidance of doubt, a financial agreement under this
section may be made before or after the marriage has broken down.
1 Subsection 90F(1)
Repeal the subsection, substitute:
- (1)
- No provision of a financial agreement
excludes or limits the power of a court to make an order in relation to the
maintenance of a party to a marriage if subsection (1A) applies.
- (1A)
- This subsection applies if the court is satisfied that, when the
agreement came into effect, the circumstances of the party were such that,
taking into account the terms and effect of the agreement, the party was
unable to support himself or herself without an income tested pension,
allowance or benefit.
2 Subparagraphs 90G(1)(b)(ii), (iii) and (iv)
Repeal the subparagraphs, substitute:
(ii) the advantages and disadvantages,
at the time that the advice was provided, to the party of making the
agreement; and
3 Subparagraphs 90J(2)(b)(ii), (iii) and (iv)
Repeal the subparagraphs, substitute:
(ii) the advantages and disadvantages,
at the time that the advice was provided, to the party of making the
agreement; and
4 Section 90L
Repeal the section, substitute:
90L Financial and other agreements etc. not liable to duty
None of the following is subject to any duty or charge under any law of a
State or Territory or any law of the Commonwealth that applies only in
relation to a Territory:
(a) a financial agreement;
(b) a termination agreement;
(c) a deed or other instrument executed by a person for the purposes of,
or in accordance with, an order or financial agreement made under this
Part.
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