Federal Justice System Amendment (Efficiency Measures) Act (No. 1) 2009 (122 of 2009)

Schedule 5   Binding financial agreements

Part 2   Financial matters relating to de facto relationships

Family Law Act 1975

15A   After subsection 90UL(2)

Insert:

(2A) A Part VIIIAB termination agreement is binding on the parties if:

(a) the termination agreement is signed by all parties to the Part VIIIAB financial agreement; and

(b) one or more of paragraphs (2)(b), (c) and (ca) are not satisfied in relation to the termination agreement; and

(c) a court is satisfied that it would be unjust and inequitable if the termination agreement were not binding on the spouse parties to the agreement (disregarding any changes in circumstances from the time the agreement was made); and

(d) the court makes an order under subsection (2B) declaring that the termination agreement is binding on the parties to the agreement; and

(e) the termination agreement has not been set aside by a court.

(2B) For the purposes of paragraph (2A)(d), a court may make an order declaring that a Part VIIIAB termination agreement is binding on the parties to the agreement, upon application (the enforcement application ) by a spouse party seeking to enforce the agreement.

(2C) To avoid doubt, section 90UN applies in relation to the enforcement application.