Document ID: chunk:federal_register_of_legislation:C2021C00511:clause:4_8
Version: federal_register_of_legislation:C2021C00511
Segment Type: clause
Provision Reference: sch 4 cl 8
Character Range: 49376–51549

8  Financial agreements and separation declarations
(1) This item applies if:
 (a) before the recognition time, the parties to a pre‑commencement same‑sex marriage made a financial agreement within the meaning of Part 5A of the Family Court Act 1997 (WA), or a former financial agreement (within the meaning of that Part), relating to a contemplated, actual or former de facto relationship between them:
 (i) whether or not they were parties to the pre‑commencement same‑sex marriage at the time they made the agreement; and
 (ii) whether or not anyone else is a party to the agreement; and
 (b) under section 205ZS of that Act, the agreement is binding on the parties to the agreement immediately before the recognition time.
(2) For the purposes of a law of the Commonwealth (including the Family Law Act 1975) at and after the recognition time, the agreement, with the necessary changes, is taken:
 (a) to be a financial agreement made under Part VIIIA of that Act relating to a contemplated, actual or former marriage between the parties to the pre‑commencement same‑sex marriage; and
 (b) to be binding on the parties to the agreement under section 90G of that Act until the agreement is terminated or set aside in accordance with that Act.
(3) However, the agreement is taken not to include a provision that deals with a matter that could not validly have been dealt with in a financial agreement within the meaning of Part 5A of the Family Court Act 1997 (WA), even if the matter could validly be dealt with in a financial agreement within the meaning of the Family Law Act 1975.
(4) If the agreement was a former financial agreement (within the meaning of Part 5A of the Family Court Act 1997 (WA)), then section 90E of the Family Law Act 1975 (requirements for provisions in agreements relating to the maintenance of a party or a child or children) does not apply in relation to the agreement.
(5) Section 90DA (need for separation declaration) of the Family Law Act 1975 does not apply in relation to the agreement unless the spouse parties separate, and begin living separately and apart, at or after the recognition time.

Part 2—Other transitional provisions