Document ID: chunk:federal_register_of_legislation:C2008A00115:clause:3_30
Version: federal_register_of_legislation:C2008A00115
Segment Type: clause
Provision Reference: sch 3 cl 30
Character Range: 182993–183997

30  Subsection 90DA(1)
Repeal the subsection, substitute:

 (1) A financial agreement that is binding on the parties to the agreement, to the extent to which it deals with how, in the event of the breakdown of the marriage, all or any of the property or financial resources of either or both of the spouse parties:
 (a) at the time when the agreement is made; or
 (b) at a later time and before the termination of the marriage by divorce;
are to be dealt with, is of no force or effect until a separation declaration is made.

Note: Before the separation declaration is made, the financial agreement will be of force and effect in relation to the other matters it deals with (except for any matters covered by section 90DB).

 (1A) Subsection (1) ceases to apply if:
 (a) the spouse parties divorce; or
 (b) either or both of them die.

Note: This means the financial agreement will be of force and effect in relation to the matters mentioned in subsection (1) from the time of the divorce or death(s).