Western Australian Current Acts

FAMILY COURT ACT 1997 - SECT 205ZS

205ZS .         When financial agreements and former financial agreements are binding — FLA s. 90G

        (1)         A financial agreement is binding on the parties to the agreement if, and only if —

            (a)         the agreement is signed by both parties; and

            (b)         the agreement contains, in relation to each party to the agreement, a statement to the effect that the party to whom the statement relates has been provided, before the agreement was signed by him or her, as certified in an annexure to the agreement, with independent legal advice from a legal practitioner as to the following matters —

                  (i)         the effect of the agreement on the rights of that party; and

                  (ii)         the advantages and disadvantages, at the time that the advice was provided, to the party of making the agreement;

                and

            (c)         the annexure to the agreement contains a certificate signed by the person providing the independent legal advice stating that the advice was provided; and

            (d)         the agreement has not been terminated and has not been set aside by a court; and

            (e)         after the agreement is signed, the original agreement is given to one of the parties and a copy is given to the other.

        (2)         A former financial agreement is binding on the parties to the agreement if, and only if —

            (a)         the agreement is signed by both parties; and

            (b)         the agreement has not been terminated and has not been set aside by a court.

        (3)         A court may make such orders for the enforcement of a financial agreement, or a former financial agreement, that is binding on the parties to the agreement as it thinks necessary.

        [Section 205ZS inserted: No. 25 of 2002 s. 47; amended: No. 35 of 2006 s. 32.]