Western Australian Current Acts

FAMILY COURT ACT 1997 - SECT 205ZO

205ZO .         Financial agreements during de facto relationship — FLA s. 90C

        (1)         If —

            (a)         de facto partners in a de facto relationship make a written agreement with respect to any of the matters mentioned in subsection (2); and

            (b)         at the time of the making of the agreement, no other agreement (whether made under this section or section 205ZN or 205ZP) is in force between the partners with respect to any of those matters; and

            (c)         the agreement is expressed to be made under this section,

                the agreement is a financial agreement.

        (2)         The matters referred to in subsection (1)(a) are the following —

            (a)         how, in the event of the breakdown of the de facto relationship, all or any of the property or financial resources of either or both of them at the time when the agreement is made, or at a later time and during the de facto relationship, is to be dealt with;

            (b)         the maintenance of either of them —

                  (i)         during the de facto relationship; or

                  (ii)         after the de facto relationship has ended; or

                  (iii)         both during the de facto relationship and after the de facto relationship has ended.

        (3)         A financial agreement made as mentioned in subsection (1) may contain matters incidental or ancillary to those mentioned in subsection (2).

        (4)         A financial agreement made as mentioned in subsection (1) may terminate a previous financial agreement made as mentioned in that subsection, a financial agreement made as mentioned in section 205ZN(1), or a former financial agreement, between the same parties.

        [Section 205ZO inserted: No. 25 of 2002 s. 47.]