Victorian Current Acts

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RELATIONSHIPS ACT 2008 - SECT 37

Varying or setting aside agreements

S. 37(1) amended by No. 4/2009 s. 17.

    (1)     A court may vary or set aside a relationship agreement or any term of a relationship agreement if, in the court's opinion, the circumstances of the parties have so changed since the agreement was entered into that it would lead to serious injustice if the agreement or term (as the case requires) were enforced.

    (2)     A court may vary or set aside a relationship agreement or any term of a relationship agreement—

        (a)     if the court is of the opinion that the agreement was entered into under duress or by fraud; or

        (b)     on any other ground that would allow a contract to be varied or set aside.

    (3)     A court may vary or set aside a relationship agreement or a term of a relationship agreement under subsection (1) or (2) despite any provision of the agreement to the contrary.

    (4)     This section applies in any proceeding in a court, whether under Part 3.3 or otherwise.



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