A provision of a financial arrangement relating to the maintenance of one of the spouses who is a party to the agreement or of one or more children is void unless the provision specifies: (aa) At the time of conclusion of the agreement, 婚姻的双方不是配偶, the parties to another binding agreement (regardless of: whether they were made under this Section or Section 90B or 90(D) with respect to any of these matters; and in American TV shows and movies, “婚前协议”这个词经常被用到. 你可能会有兴趣知道，在澳大利亚实际上没有婚姻合同. 相反, 根据澳大利亚法律, people can enter into a financial agreement at any stage of their relationship to cope with their financial resolution or financial support after the relationship fails. 法院的结论是，协议必须具有约束力, the parties do not need to have a common intention on the exact words in which the agreement is to be expressed, 但只是在效果上. Since the agreement could not be a binding financial agreement without reference to section 90B of the Act, 罗恩J.A.该公司对协议的修改包括了这样的引用，这是一项有效的命令. 双方一定希望该协议成为一项有约束力的金融协议, 因为没有其他文书能够实现它们的意图. 丈夫的上诉被驳回，他被要求支付妻子的费用. Section 90B of the Family Law Act sets out the circumstances in which a written agreement between parties contemplating marriage constitutes a binding financial agreement. 在最近的格雷厄姆五案中.
施贵宝制药, the Family Court considered the situation in which the parties had claimed to have entered into such an agreement, 但未符合第90B条规定的正式要求. 丈夫对麦克纳布法官的决定提出上诉, 认为该协议不应成为具有约束力的金融协议. 在丈夫的上诉听证会上，肯特和奥斯汀·JJ. stated: “A party seeking correction of a contract must provide clear and convincing evidence that it does not represent the final intent of the parties. 为此, 当事人的共同意愿构成相关证据, since there is no room for rectification of the contract if the opposite intention is not shared. (4) A financial agreement (the new agreement) entered into under subsection (1) may terminate a previous financial agreement (regardless of how it was entered into) if all the parties to the previous agreement are parties to the new agreement. (c)订单, 除第(a)或(b)点所述的一项或多项订单外，或代替第(a)或(b)点所述的一项或多项订单, that the agreement or a particular part of the agreement be enforced as if it were an order of the court. It is important to consider a binding financial agreement if: The wife requested a statement that the agreement was binding on the parties. 丈夫要求取消预约. Requirements for the provisions of financial arrangements for the maintenance of a party or a child or children (2A) For the avoidance of doubt, a financial arrangement may be entered into under this Section before or after the breakdown of the marriage. (b) a relevant maintenance contract granting a benefit to a party or child of the marriage to which the maintenance contract relates, to the extent that the maintenance contract confers that benefit; In Graham v.
施贵宝制药, the husband and wife had signed an agreement called a “marriage contract” the day before their marriage. The agreement stipulated that each party would retain the property it had included in the marriage in the event of separation. 该协议在单独的附件中列出了双方的资产. 协议没有涉及双方在婚后取得的财产. (一), 如果婚姻破裂, all or part of the property or financial resources of one or both spouses are to be treated at the time of the conclusion of the agreement or at a later date and during the marriage; The agreement contained no reference to section 90B of the Family Law Act or any other reference to the Act. 相反，该协议提到了“维多利亚州的法律”.财务协议要在双方之间形成有约束力的协议, 它必须符合法律的严格要求. 因此, it is essential that a party who wishes to enter into a financial agreement before a marriage or common-law relationship, during a relationship or after a separation seek independent legal advice on their rights, 要求和适当的文件，使其协议正式化. 3. 一个法院可以, at the request of a person who was a party to the terminated financial agreement or any other interested person, make such orders (including an order for the transfer of property) that it considers fair and appropriate to safeguard or adapt the rights of the persons involved in this financial agreement and any other interested person.
(b)在协议签署之前, the spouse of each spouse has been independently informed by a lawyer of the effects of the agreement on the rights of that party and of the advantages and disadvantages available to that party at the time of consultation when the agreement was concluded; and (3) For the purposes of this Division, 一个支持合同, deed or other act conferring a right of ownership on a person may be considered a benefit to the person, 即使维修合同, deed or other instrument of the person also claims other property of equal or greater value. (b)本协议无效, voidable or unenforceable; or (b) the agreement is expressly entered into in accordance with this section; § 90G describes the circumstances in which financial agreements are binding. The requirements are strict and all parties must have received independent legal advice on the impact of the agreement on the rights of the party and the pros and cons of the agreement. 除了, a signed declaration must be submitted to the parties stating that independent legal assistance has been requested and that the agreement has not been terminated. 一旦双方签署了协议, 双方将收到文件的正本或副本. (a) the agreement is signed by all the parties to the agreement; and lawyers must sign a certificate in each agreement stating that their client has received the necessary legal advice. .