Without limiting or derogating from the provisions of section 46, on an application by a party to a domestic relationship for an order under Part 3, a court is not required to give effect to the terms of any domestic relationship agreement or termination agreement entered into by that party where the court is of the opinion--
(a) that the parties to the relationship have, by their words or conduct, revoked or consented to the revocation of the agreement, or
(b) that the agreement has otherwise ceased to have effect.