Commonwealth Consolidated Acts

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Requirements with respect to provisions in financial agreements relating to the maintenance of a party or a child or children

             (1)  A provision of a Part VIIIAB financial agreement that relates to the maintenance of a spouse party to the agreement or a child or children is void unless the provision specifies:

                     (a)  the party, or the child or children, for whose maintenance provision is made; and

                     (b)  the amount provided for, or the value of the portion of the relevant property attributable to, the maintenance of the party, or of the child or each child, as the case may be.

Note:          While Part VIIIAB financial agreements are not made with respect to child maintenance, provisions about child maintenance could be included in the same document for child support (or other non-Part VIIIAB) purposes.

             (2)  Subsection (1) does not apply in relation to a Part VIIIAB financial agreement covered by section 90UE.

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