Document ID: chunk:federal_register_of_legislation:C2024C00859:section:87:p2
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 87 (pt 2/4)
Character Range: 532485–535062

agreement, in so far as the agreement makes provision for the maintenance of a party to the marriage, as if the agreement were an order made by consent under this Act by a court in which the agreement is registered or deemed to be registered.
 (4C) The approval, whether before or after the commencement of this subsection, of a maintenance agreement under this section does not exclude or limit the power of a court having jurisdiction under Part VII to make any order under that Part in relation to a child of the relevant marriage and, where the agreement makes provision for the maintenance of a child of the marriage, section 66S applies in relation to the variation of the agreement, in so far as it makes that provision, as if the agreement were an order made by consent under that Part by a court in which the agreement is registered or deemed to be registered.
 (4D) Where:
 (a) a maintenance agreement that makes provision as mentioned in subsection (1) is, at any time, approved by the court; and
 (b) the maintenance agreement makes provision for the maintenance of a child; and
 (c) an application could properly be made, at that time, under the Child Support (Assessment) Act 1989 by one of the parties to the agreement for the other party to the agreement to be assessed in respect of the costs of the child (whether or not such an application has in fact been made by the party or by another person);
the maintenance agreement, so far as it makes provision for the maintenance of the child, has no effect and is not enforceable in any way.
 (5) Notwithstanding any rule of law or equity, an approved maintenance agreement shall not be taken to be void, voidable or unenforceable by reason that it makes provision as mentioned in subsection (1).
 (6) Where a court has approved a maintenance agreement, the agreement shall be deemed to be registered in that court.
 (7) An agreement that is by virtue of subsection (6) deemed to be registered in a court may be registered, as prescribed by the applicable Rules of Court, in another court having jurisdiction under this Act.
 (8) A court may, by order, revoke the approval of a maintenance agreement under this section if, and only if, the agreement is registered or deemed to be registered in that court and the court is satisfied that:
 (a) the approval was obtained by fraud;
 (b) the parties to the agreement desire the revocation of the approval;
 (c) the agreement is void, voidable or unenforceable; or
 (d) in the circumstances that have arisen since the agreement was approved it is impracticable for the