Effect of agreements in proceedings for adjustment of property rights or maintenance orders
45 Effect of agreements in proceedings for adjustment of property rights or maintenance orders
This section applies where a de facto partner applies to a court for an order under Part 2, Division 3 or 5 and the court is satisfied on the application that there is a cohabitation agreement or separation agreement between that partner and the other.
Where the court is also satisfied that the agreement is in writing and is signed by the other de facto partner, the court may make an order under Part 2, Division 3 or 5 even if the agreement purports to exclude its jurisdiction to do so, but (except as provided by sections 46 and 47) must not make an order which is in any respect inconsistent with the terms of the agreement.
Where the court is not satisfied as mentioned in subsection (2), the court may make such order under Part 2, Division 3 or 5 as it could have made if there were no such agreement between the partners, but may nevertheless have regard to the terms of the agreement.
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