Document ID: chunk:federal_register_of_legislation:C2008A00115:clause:1_90sa
Version: federal_register_of_legislation:C2008A00115
Segment Type: clause
Provision Reference: sch 1 cl 90SA
Character Range: 43978–45509

90SA  This Division does not apply to certain matters covered by binding financial agreements

 (1) This Division does not apply to any of the following matters to which a Part VIIIAB financial agreement that is binding on the parties to the agreement applies:
 (a) the maintenance of one of the spouse parties;
 (b) the property of the spouse parties or of either of them;
 (c) the financial resources of the spouse parties or of either of them.

 (2) Subsection (1) does not apply in relation to:
 (a) proceedings between:
 (i) a party to a de facto relationship; and
 (ii) the bankruptcy trustee of a bankrupt party to the de facto relationship;
  with respect to the maintenance of the first‑mentioned party after the breakdown of the de facto relationship; or
 (b) proceedings between:
 (i) a party to a de facto relationship; and
 (ii) the bankruptcy trustee of a bankrupt party to the de facto relationship;
  with respect to the distribution, after the breakdown of the de facto relationship, of any vested bankruptcy property in relation to the bankrupt party.

 (3) Despite subsection (1), a party to a de facto relationship is not prevented from bringing property settlement proceedings under this Part if a Part VIIIAB financial agreement is not binding on that party.

Example: Before Amy and Ben's de facto relationship breaks down, Ben and Cathy make a Part VIIIAB financial agreement. Ben and Cathy's Part VIIIAB financial agreement does not prevent Amy from bringing property settlement proceedings against Ben.