Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p37
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 89461–92195

relation to the variation of a maintenance agreement registered under subsection (1), in so far as the agreement makes provision for the maintenance of a party to the relevant marriage, as if the agreement were an order made by consent under this Act by the court in which the agreement is registered.".

Operation of maintenance agreements entered into in substitution for rights under Act
47. Section 87 of the Principal Act is amended:
     (a) by omitting from paragraph (4) (b) "subsections (13) and (14)" and substituting "subsections (4a) to (4c) (inclusive)";
     (b) by inserting after subsection (4) the following subsections:
    "(4a) The approval, after the commencement of this subsection, of a maintenance agreement under this section does not exclude or limit the power of a court having jurisdiction under this Act to make an order in relation to the maintenance of a party to the relevant marriage if the court is satisfied that, at the time the agreement was approved, the circumstances of the party were such that, taking into account the terms and effect of the agreement, the party would have been unable to support himself or herself without an income tested pension, allowance or benefit.
    "(4b) Where subsection (4a) applies in relation to an approved maintenance agreement, section 83 applies in relation to the variation of the agreement, in so far as the agreement makes provision for the maintenance of a party to the marriage, as if the agreement were an order made by consent under this Act by a court in which the agreement is registered or deemed to be registered.
    "(4c) The approval, whether before or after the commencement of this subsection, of a maintenance agreement under this section does not exclude or limit the power of a court having jurisdiction under Part VII to make any order under that Part in relation to a child of the relevant marriage and, where the agreement makes provision for the maintenance of a child of the marriage, section 66n applies in relation to the variation of the agreement, in so far as it makes that provision, as if the agreement were an order made by consent under that Part by a court in which the agreement is registered or deemed to be registered.";
     (c) by inserting in subsection (11) "(4a), (4c)," after "subsections (2),"; and
     (d) by omitting subsections (13) and (14).

48. After section 87 of the Principal Act the following section is inserted:

Specification in maintenance 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