Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p38
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 91938–94602

agreements of payments etc. for maintenance purposes
"87a. (1) Where:
     (a) a maintenance agreement (whether or not registered under section 86 or approved under section 87) has the effect of requiring:
          (i) payment of a lump sum, whether in one amount or by instalments; or
          (ii) the transfer or settlement of property; and

     (b) the purpose, or one of the purposes, of the payment, transfer or settlement is to make provision for the maintenance of a party to a marriage or a child or children of a marriage;
the agreement shall:
     (c) state that the agreement is an agreement to which this section applies; and
     (d) specify:
          (i) the person or persons for whose maintenance provision is made by the payment, transfer or settlement; and
          (ii) the portion of the payment, or the value of the portion of the property, attributable to the provision of maintenance for that person or each of those persons, as the case may be.
"(2) Where a maintenance agreement of a kind referred to in paragraph (1) (a):
     (a) does not state that the agreement is an agreement to which this section applies; or
     (b) states that the agreement is an agreement to which this section applies, but does not comply with paragraph (1) (d);
any payment, transfer or settlement of a kind referred to in paragraph (1) (a), that the agreement has the effect of requiring, shall be taken not to make provision for the maintenance of a party to the relevant marriage or of a child of the relevant marriage.".

Institution of spousal maintenance proceedings by authority or person
49. Section 89a of the Principal Act is amended by omitting "or of a child of a marriage" and "or child".

Certain instruments not liable to duty
50. Section 90 of the Principal Act is amended by inserting in paragraph (1) (a) "or Part VII" after "Part".

Intervention by other persons
51. Section 92 of the Principal Act is amended by omitting subsection (1a) and substituting the following sub-section:
"(1a) In proceedings for principal relief, a person in relation to whom an order has been made under subsection 66w (1) requiring a parentage testing procedure (within the meaning of Part VII) to be carried out may apply for leave to intervene in the proceedings, and the court may make an order entitling the person to intervene in the proceedings.".

Proceedings in absence of parties
52. Section 98a of the Principal Act is amended by adding at the end the following subsections:
"(3) For the purposes of this section, a child (including an ex-nuptial child of either the husband or the wife, a child adopted by either of them

or a child who is not