Document ID: chunk:federal_register_of_legislation:C2024C00859:clause:1_90um:p1
Version: federal_register_of_legislation:C2024C00859
Segment Type: clause
Provision Reference: sch 1 cl 90UM (pt 1/3)
Character Range: 689091–691735

90UM  Circumstances in which court may set aside a financial agreement or termination agreement
 (1) A court may make an order setting aside, for the purposes of this Act, a Part VIIIAB financial agreement or a Part VIIIAB termination agreement if, and only if, the court is satisfied that:
 (a) the agreement was obtained by fraud (including non‑disclosure of a material matter); or
 (b) a party to the agreement entered into the agreement:
 (i) for the purpose, or for purposes that included the purpose, of defrauding or defeating a creditor or creditors of the party; or
 (ii) with reckless disregard of the interests of a creditor or creditors of the party; or
 (c) a party (the agreement party) to the agreement entered into the agreement:
 (i) for the purpose, or for purposes that included the purpose, of defrauding another person who is a party to a de facto relationship (the other de facto relationship) with a spouse party; or
 (ii) for the purpose, or for purposes that included the purpose, of defeating the interests of that other person in relation to any possible or pending application for an order under section 90SM, or a declaration under section 90SL, in relation to the other de facto relationship; or
 (iii) with reckless disregard of those interests of that other person; or
 (d) a party (the agreement party) to the agreement entered into the agreement:
 (i) for the purpose, or for purposes that included the purpose, of defrauding another person who is a party to a marriage with a spouse party; or
 (ii) for the purpose, or for purposes that included the purpose, of defeating the interests of that other person in relation to any possible or pending application for an order under section 79, or a declaration under section 78, in relation to the marriage (or void marriage); or
 (iii) with reckless disregard of those interests of that other person; or
 (e) the agreement is void, voidable or unenforceable; or
 (f) in the circumstances that have arisen since the agreement was made it is impracticable for the agreement or a part of the agreement to be carried out; or
 (g) since the making of the agreement, a material change in circumstances has occurred (being circumstances relating to the care, welfare and development of a child of the de facto relationship) and, as a result of the change, the child or, if the applicant has caring responsibility for the child (as defined in subsection (4)), a party to the agreement will suffer hardship if the court does not set the agreement aside; or
 (h) in respect of the making of a Part VIIIAB financial agreement—a party to the agreement engaged in conduct that