Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 90SA

  (1)   This Division does not apply to any of the following matters to which a Part   VIIIAB financial agreement that is binding on the parties to the agreement applies:

  (a)   the maintenance of one of the spouse parties;

  (b)   the property of the spouse parties or of either of them;

  (c)   the financial resources of the spouse parties or of either of them.

  (2)   Subsection   (1) does not apply in relation to:

  (a)   proceedings between:

  (i)   a party to a   de   facto   relationship; and

  (ii)   the bankruptcy trustee of a bankrupt party to the   de   facto   relationship;

    with respect to the maintenance of the first - mentioned party after the breakdown of the   de   facto   relationship; or

  (b)   proceedings between:

  (i)   a party to a   de   facto   relationship; and

  (ii)   the bankruptcy trustee of a bankrupt party to the   de   facto   relationship;

    with respect to the distribution, after the breakdown of the   de   facto   relationship, of any vested bankruptcy property in relation to the bankrupt party.

  (3)   Despite subsection   (1), a party to a   de   facto   relationship is not prevented from bringing property settlement proceedings under this Part   if a Part   VIIIAB financial agreement is not binding on that party.

Example:   Before Amy and Ben's   de   facto   relationship breaks down, Ben and Cathy make a Part   VIIIAB financial agreement. Ben and Cathy's Part   VIIIAB financial agreement does not prevent Amy from bringing property settlement proceedings against Ben.