Financial Agreement s90UD When De Facto Relationship has Ended precedent relates to all property and financial resources of the parties and the maintenance of each of them.
(1) If:
(a) after the breakdown of a de facto relationship, the parties to the former de facto relationship make a written agreement with respect to any of the matters mentioned in subsection (2); and
(b) at the time of the making of the agreement, the parties to the former de facto relationship are not the spouse parties to any other Part VIIIAB financial agreement that is binding on them with respect to any of those matters; and
(c) the agreement is expressed to be made under this section;
the agreement is a Part VIIIAB financial agreement . The parties to the former de facto relationship may make the Part VIIIAB financial agreement with one or more other people.
(2) The matters referred to in paragraph (1)(a) are the following:
(a) how all or any of the:
(i) property ; or
(ii) financial resources;
tat either or both of the spouse parties had or acquired during the former de facto relationship is to be distributed;
(b) the maintenance of either of the spouse parties.
(3) A Part VIIIAB financial agreement made as mentioned in subsection (1) may also contain matters incidental or ancillary to those mentioned in subsection (2).
(4) A Part VIIIAB financial agreement (the new agreement ) made as mentioned in subsection (1) may terminate a previous Part VIIIAB financial agreement (however made) if all of the parties to the previous agreement are parties to the new agreement.
This article provides basic information only and is not a substitute for a professional or legal advice. If you are seeking legal advice on financial binding agreements (Pre Nuptial) , you should get advice from a family law lawyer.
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