Commonwealth Numbered Acts

FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 87

87. (1) Subject to this section, a maintenance agreement may make provision to
the effect that the agreement shall operate, in relation to the financial
matters dealt with in the agreement, in substitution for any rights of the
parties to the agreement under this Part.

(2) A maintenance agreement that makes provision as mentioned in sub-section
(1) does not have any effect unless it has been approved by the court.

(3) If-

   (a)  a maintenance agreement makes provision as mentioned in sub-section
        (1); and

   (b)  the agreement has been approved by the court and the approval has not
        been revoked, any order having effect under this Part or any order
        made under Part VIII of the repealed Act and continued in effect by
        virtue of paragraph 3 (2) (c) ceases to have effect in so far as it
        relates to the financial matters dealt with in the agreement and,
        subject to sub-section (9), no court having jurisdiction under this
        Act may make an order with respect to those financial matters.

(4) In proceedings for the approval of a maintenance agreement, if the court
is satisfied that the provisions of the agreement with respect to financial
matters are proper, the court shall approve the agreement, but, if the court
is not so satisfied, it shall refuse to approve the agreement.

(5) A maintenance agreement that has been approved by a court ceases to be in
force upon the death of a party to the agreement unless the agreement
otherwise provides.

(6) A court may revoke its approval of a maintenance agreement if, and only
if, it is satisfied that the approval of the court was obtained by fraud, that
the concurrence of a party was obtained by fraud or undue influence or that
the parties to the agreement desire the revocation of the approval and, where
an approval is so revoked, the agreement ceases to be in force.

(7) Where a court has approved a maintenance agreement, the agreement shall be
deemed to be registered in that court.

(8) An agreement that is by virtue of sub-section (7) deemed to be registered
in a court may be registered, as prescribed, in another court having
jurisdiction under this Act.

(9) Where the court is satisfied that the arrangements in a maintenance
agreement that has been approved by the court relating to a child of the
marriage who has not attained the age of 18 years are no longer proper, it may
make an order under this Part.

(10) Nothing in this Act affects the operation of an agreement sanctioned
under paragraph 87 (1) (k) of the repealed Act or the rights and obligations
of a person under such an agreement.

(11) Subject to section 89, this section does not apply to overseas
maintenance agreements.