Document ID: chunk:federal_register_of_legislation:C2004A00736:clause:2_90c
Version: federal_register_of_legislation:C2004A00736
Segment Type: clause
Provision Reference: sch 2 cl 90C
Character Range: 54371–55723

90C  Financial agreements during marriage

 (1) If:
 (a) the parties to a marriage make a written agreement with respect to any of the matters mentioned in subsection (2); and
 (aa) at the time of the making of the agreement, no other agreement (whether made under this section or section 90B or 90D) is in force between the parties with respect to any of those matters; and
 (b) the agreement is expressed to be made under this section;
the agreement is a financial agreement.

 (2) The matters referred to in paragraph (1)(a) are the following:
 (a) how, in the event of the breakdown of the marriage, all or any of the property or financial resources of either or both of them at the time when the agreement is made, or at a later time and during the marriage, is to be dealt with;
 (b) the maintenance of either of them:
 (i) during the marriage; or
 (ii) after the dissolution of the marriage; or
 (iii) both during, and after the dissolution of, the marriage.

 (3) A financial agreement made as mentioned in subsection (1) may contain matters incidental or ancillary to those mentioned in subsection (2).

 (4) A financial agreement made as mentioned in subsection (1) may terminate a previous financial agreement made as mentioned in that subsection, or a financial agreement made as mentioned in subsection 90B(1), between the same parties.