Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (115 of 2008)

Schedule 3   Amendments relating to financial agreements about marriage

Part 1   Clarifying that other persons can be parties

Family Law Act 1975

17   After section 90DA

Insert:

90DB Whether or when certain other provisions of financial agreements take effect

(1) A financial agreement that is binding on the parties to the agreement, to the extent to which it provides for a third party to contribute to the maintenance of a spouse party during the marriage, is of no force or effect.

(2) A financial agreement that is binding on the parties to the agreement, to the extent to which it provides for matters covered by paragraph 90B(3)(b) or 90C(3)(b), is of no force or effect unless and until the marriage breaks down.