Variation and setting aside of agreements
46 Variation and setting aside of agreements
On an application by a de facto partner for an order under Part
2, Division 3 or 5, the court may, in the circumstances specified in this section, vary or set aside all or any of the provisions of a cohabitation agreement or separation agreement made between that de facto partner and the other, being an agreement which is in writing and is signed by that other.
The court may exercise its powers under subsection (1) in respect of a cohabitation agreement or separation agreement only if, in its opinion:
enforcement (whether on the application before the court or on any other application for any remedy or relief under any other Act or law) of the agreement would lead to serious injustice between the parties; or
circumstances have arisen since the time when the agreement was made making it impracticable for its provisions, or any of them, to be carried out.
A court may exercise its powers under subsection (1) despite any provision to the contrary in a cohabitation agreement or separation agreement.
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