Document ID: chunk:federal_register_of_legislation:C2004A01223:clause:5_1
Version: federal_register_of_legislation:C2004A01223
Segment Type: clause
Provision Reference: sch 5 cl 1
Character Range: 48704–49259

1  Subsection 90F(1)
Repeal the subsection, substitute:

 (1) No provision of a financial agreement excludes or limits the power of a court to make an order in relation to the maintenance of a party to a marriage if subsection (1A) applies.

 (1A) This subsection applies if the court is satisfied that, when the agreement came into effect, the circumstances of the party were such that, taking into account the terms and effect of the agreement, the party was unable to support himself or herself without an income tested pension, allowance or benefit.