Document ID: chunk:federal_register_of_legislation:C2004A00736:clause:2_90k
Version: federal_register_of_legislation:C2004A00736
Segment Type: clause
Provision Reference: sch 2 cl 90K
Character Range: 62645–64169

90K  Circumstances in which court may set aside a financial agreement or termination agreement

 (1) A court may make an order setting aside a financial agreement or a 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) the agreement is void, voidable or unenforceable; or
 (c) 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
 (d) 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 marriage) and, as a result of the change, the child or, if the applicant has caring responsibility for the child (as defined in subsection (2)), a party to the agreement will suffer hardship if the court does not set the agreement aside; or
 (e) in respect of the making of a financial agreement—a party to the agreement engaged in conduct that was, in all the circumstances, unconscionable.

 (2) For the purposes of paragraph (1)(d), a person has caring responsibility for a child if:
 (a) the person is a parent of the child with whom the child lives; or
 (b) the person has a residence order in relation to the child; or
 (c) the person has a specific issues order in relation to the child under which the person is responsible for the child's long‑term or day‑to‑day care, welfare and development.