Section 90D — Family Law Act 1975 (Cth)

(1) If:

(a) after a divorce order is made in relation to a marriage (whether it has taken effect or not), the parties to the former marriage make a written agreement with respect to any of the matters mentioned in subsection (2); and

(aa) at the time of the making of the agreement, the parties to the former marriage are not the spouse parties to any other binding agreement (whether made under this section or section 90B or 90C) with respect to any of those matters; and

(b) the agreement is expressed to be made under this section;

the agreement is a financial agreement. The parties to the former marriage may make the financial agreement with one or more other people.

(2) The matters referred to in paragraph (1)(a) are the following:

(a) how all or any of the property or financial resources that either or both of the spouse parties had or acquired during the former marriage is to be dealt with;

(b) the maintenance of either of the spouse parties.

(3) A financial agreement made as mentioned in subsection (1) may also contain:

(a) matters incidental or ancillary to those mentioned in subsection (2); and

(b) other matters.

(4) A financial agreement (the new agreement) made as mentioned in subsection (1) may terminate a previous financial agreement (however made) if all of the parties to the previous agreement are parties to the new agreement.

Related sections

• s 90A — Definitions
• s 90B — Financial agreements before marriage
• s 90C — Financial agreements during marriage
• s 90DA — Need for separation declaration for certain provisions of financial agreement to take effect
• s 90DB — Whether or when certain other provisions of financial agreements take effect
• s 90E — Requirements with respect to provisions in financial agreements relating to the maintenance of a party or a child or children

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