This Division does not apply to certain matters covered by binding financial agreements
90SA This Division does not apply to certain matters covered by binding financial agreements
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:
the maintenance of one of the spouse parties;
the property of the spouse parties or of either of them;
the financial resources of the spouse parties or of either of them.
Subsection (1) does not apply in relation to:
proceedings between:
a party to a de facto relationship; and
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
proceedings between:
a party to a de facto relationship; and
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.
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.
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.
Section 90RI has effect regardless of subsection (1) of this section.
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