Section 90UI — Family Law Act 1975 (Cth)

(1) No provision of a Part VIIIAB financial agreement excludes or limits the power of a court to make an order under Division 2 in relation to the maintenance of a party to the agreement if subsection (2) applies.

(2) 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.

(3) To avoid doubt, a provision in a Part VIIIAB financial agreement:

(a) made as mentioned in subsection 90UB(1), 90UC(1) or 90UD(1); or

(b) covered by section 90UE;

that provides for property or financial resources owned by a spouse party to the agreement to continue in the ownership of that party is taken, for the purposes of that subsection or section, to be a provision with respect to how the property or financial resources are to be distributed.

Related sections

• s 90UF — Need for separation declaration for certain provisions of financial agreement to take effect
• s 90UG — Whether or when certain other provisions of financial agreements take effect
• s 90UH — Requirements with respect to provisions in financial agreements relating to the maintenance of a party or a child or children
• s 90UJ — When financial agreements are binding
• s 90UK — Effect of death of party to financial agreement
• s 90UL — Termination of financial agreement

Research how courts apply s 90UI

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