Western Australian Current Acts Western Australian Current Acts (1) No provision of a
financial agreement excludes or limits the power of a court to make an order
in relation to the maintenance of a de facto partner if subsection (1a)
applies.
(1a) This subsection
applies if the court is satisfied that, when the agreement came into effect,
the circumstances of the party were such that, taking into account the terms
and effect of the agreement, the party was unable to support himself or
herself without an income tested pension, allowance or benefit.
(2) To avoid doubt, a
provision in an agreement made as mentioned in section 205ZO(1) or 205ZP(1)
that provides for property or financial resources owned by a party to the
agreement to continue in the ownership of that party is taken, for the
purposes of that section, to be a provision with respect to how the property
or financial resources are to be dealt with.
[Section 205ZR inserted: No. 25 of 2002 s. 47;
amended: No. 35 of 2006 s. 31.]