Victorian Current Acts

RELATIONSHIPS ACT 2008 - SECT 59

S. 59(1) amended by No. 4/2009 s. 33(1).

    (1)     In exercising its powers under this Part in a proceeding, a court must not make an order or do any other thing that is inconsistent with the terms of a relationship agreement between the domestic partners or caring partners who are parties to the proceeding, if the court is satisfied that—

        (a)     the agreement is in writing; and

        (b)     the agreement is signed by the partner against whom it is sought to be enforced; and

        (c)     each partner was given a legal practitioner's certificate before the time at which the partner signed the agreement; and

        (d)     each legal practitioner's certificate is endorsed on, annexed to or otherwise accompanies the agreement.

    (2)     A legal practitioner's certificate—

        (a)     must be signed by the legal practitioner giving it; and

S. 59(2)(b) amended by No. 4/2009 s. 33(2).

        (b)     must state that the legal practitioner provided legal advice to the party to whom the certificate was given, independently of the other party to the domestic relationship or registered caring relationship, as to the following matters—

              (i)     the effect of the agreement on the powers of a court under this Part;

              (ii)     the advantages and disadvantages, at the time that the advice was provided, to the party of making the agreement.

S. 59(3) amended by No. 4/2009 s. 33(3).

    (3)     If the court is satisfied that there is a relationship agreement between the domestic partners or caring partners but it is not satisfied as to any of the matters referred to in subsection (1)(a), (b), (c) or (d), the court may make any order or do any other thing that it could have made or done if there were no relationship agreement between the partners.

    (4)     In making an order or doing a thing referred to in subsection (3), the court may have regard to the terms of the relationship agreement.

    (5)     Despite subsection (1), a court is not required to give effect to the terms of a relationship agreement if—

        (a)     the court is of the opinion that—

              (i)     the partners have, by their words or conduct, revoked or consented to the revocation of the agreement; or

              (ii)     the agreement has otherwise ceased to have effect; or

        (b)     the court varies or sets aside the agreement or the relevant term of the agreement under section 37.