Document ID: chunk:federal_register_of_legislation:C2009A00122:clause:5_16
Version: federal_register_of_legislation:C2009A00122
Segment Type: clause
Provision Reference: sch 5 cl 16
Character Range: 28530–29334

16  Subsection 90UM(5)
Repeal the subsection, substitute:
 (5) This subsection applies if:
 (a) at least one of the spouse parties to the agreement was not provided, before signing the agreement, with independent legal advice from a legal practitioner about the effect of the agreement on the rights of that party and about the advantages and disadvantages to that party of making the agreement; or
 (b) if this advice was provided to at least one of the spouse parties to the agreement—that party was not provided with a signed statement by the legal practitioner stating that this advice was given to that party;
and it would be unjust and inequitable, having regard to the eligible agreed matters (within the meaning of section 90UE) for the agreement, if the court does not set the agreement aside.