Document ID: chunk:federal_register_of_legislation:C2009A00122:clause:5_7a
Version: federal_register_of_legislation:C2009A00122
Segment Type: clause
Provision Reference: sch 5 cl 7A
Character Range: 16659–17674

7A  After subsection 90J(2)
Insert:
 (2A) A termination agreement is binding on the parties if:
 (a) the agreement is signed by all parties to the agreement; and
 (b) one or more of paragraphs (2)(b), (c) and (ca) are not satisfied in relation to the agreement; and
 (c) a court is satisfied that it would be unjust and inequitable if the agreement were not binding on the spouse parties to the agreement (disregarding any changes in circumstances from the time the agreement was made); and
 (d) the court makes an order under subsection (2B) declaring that the agreement is binding on the parties to the agreement; and
 (e) the agreement has not been set aside by a court.
 (2B) For the purposes of paragraph (2A)(d), a court may make an order declaring that a termination agreement is binding on the parties to the agreement, upon application (the enforcement application) by a spouse party seeking to enforce the agreement.
 (2C) To avoid doubt, section 90KA applies in relation to the enforcement application.