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

16   Subsection 90UM(5)

Repeal the subsection, substitute:

(5) This subsection applies if:

(a) at least one of the spouse parties to the agreement was not provided, before signing the agreement, with independent legal advice from a legal practitioner about the effect of the agreement on the rights of that party and about the advantages and disadvantages to that party of making the agreement; or

(b) if this advice was provided to at least one of the spouse parties to the agreement - that party was not provided with a signed statement by the legal practitioner stating that this advice was given to that party;

and it would be unjust and inequitable, having regard to the eligible agreed matters (within the meaning of section 90UE) for the agreement, if the court does not set the agreement aside.