Ante‑nuptial and post‑nuptial settlements
(1) The court may, in proceedings under this Act, make such order as the court considers just and equitable with respect to the application, for the benefit of all or any of the parties to, and the children of, the marriage, of the whole or part of property dealt with by ante‑nuptial or post‑nuptial settlements made in relation to the marriage. (2) In considering what order (if any) should be made under subsection (1), the court shall take into account the matters referred to in subsections 79(4), (5) and (7) so far as they are relevant. (3) A court cannot make an order under this section in respect of matters that are included in a financial agreement.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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