Document ID: chunk:federal_register_of_legislation:C2008A00115:clause:1_90ue:p2
Version: federal_register_of_legislation:C2008A00115
Segment Type: clause
Provision Reference: sch 1 cl 90UE (pt 2/2)
Character Range: 106759–107919

agreement is taken, on and after the transition time, to be a Part VIIIAB financial agreement to the extent that the agreement deals with:
 (a) the eligible agreed matters; and
 (b) matters incidental or ancillary to the eligible agreed matters.

Note: This means that, after the transition time, the agreement can only be enforced, varied, terminated or otherwise set aside under this Act.

Eligible agreed matters

 (3) The matters referred to in paragraph (1)(a) are the following:
 (a) how all or any of the:
 (i) property; or
 (ii) financial resources;
  of either member, or both members, of the couple at the time when the agreement is made, or at a later time and during a de facto relationship between them, is to be distributed;
 (b) the maintenance of either member of the couple;
in the event of the breakdown of a de facto relationship between them, or in relation to a de facto relationship between them that has broken down, as the case requires.

 (4) For the purposes of paragraph (1)(c), disregard whether the non‑referring State de facto financial law permits the court to make such an order if the court varies or sets aside the agreement.