Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 87A

Specification in maintenance agreements of payments etc. for maintenance purposes

             (1)  Where:

                     (a)  a maintenance agreement (whether or not registered under section 86 or approved under section 87) has the effect of requiring:

                              (i)  payment of a lump sum, whether in one amount or by instalments; or

                             (ii)  the transfer or settlement of property; and

                     (b)  the purpose, or one of the purposes, of the payment, transfer or settlement is to make provision for the maintenance of a party to a marriage or a child or children of a marriage;

the agreement shall:

                     (c)  state that the agreement is an agreement to which this section applies; and

                     (d)  specify:

                              (i)  the person or persons for whose maintenance provision is made by the payment, transfer or settlement; and

                             (ii)  the portion of the payment, or the value of the portion of the property, attributable to the provision of maintenance for that person or each of those persons, as the case may be.

             (2)  Where a maintenance agreement of a kind referred to in paragraph (1)(a):

                     (a)  does not state that the agreement is an agreement to which this section applies; or

                     (b)  states that the agreement is an agreement to which this section applies, but does not comply with paragraph (1)(d);

any payment, transfer or settlement of a kind referred to in paragraph (1)(a), that the agreement has the effect of requiring, shall be taken not to make provision for the maintenance of a party to the relevant marriage or of a child of the relevant marriage.



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