Federal Justice System Amendment (Efficiency Measures) Act (No. 1) 2009 (122 of 2009)
Schedule 5 Binding financial agreements
Part 1 Financial agreements
Family Law Act 1975
7A After subsection 90J(2)
Insert:
(2A) A termination agreement is binding on the parties if:
(a) the agreement is signed by all parties to the agreement; and
(b) one or more of paragraphs (2)(b), (c) and (ca) are not satisfied in relation to the agreement; and
(c) a court is satisfied that it would be unjust and inequitable if the 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 agreement is binding on the parties to the agreement; and
(e) the 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 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 90KA applies in relation to the enforcement application.
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).