(1)    Clause 2, page 2 (table items 3 to 5), omit the table items, substitute:

(2)    Schedule 2, item 2, page 6 (line 12), omit “had been made by”, substitute “were a judgment or order of”.

(3)    Schedule 2, item 4, page 6 (lines 22 and 23), omit “had been made by”, substitute “were a judgment or order of”.

(4)    Schedule 5, page 12 (after line 11), after item 1, insert:

1A Subsection 90G(1)

Omit “A”, substitute “Subject to subsection (1A), a”.

(5)    Schedule 5, item 2, page 12 (lines 14 to 22), omit paragraph 90G(1)(b), substitute:

              (b)    before signing the agreement, each spouse party was provided with independent legal advice from a legal practitioner about the effect of the agreement on the rights of that party and about the advantages and disadvantages, at the time that the advice was provided, to that party of making the agreement; and

              (c)    either before or after signing the agreement, each spouse party was provided with a signed statement by the legal practitioner stating that the advice referred to in paragraph (b) was provided to that party (whether or not the statement is annexed to the agreement); and

            (ca)    a copy of the statement referred to in paragraph (c) that was provided to a spouse party is given to the other spouse party or to a legal practitioner for the other spouse party; and

(6)    Schedule 5, page 12 (after line 26), after item 4, insert:

4A After subsection 90G(1)

Insert:

      (1A)    A financial agreement is binding on the parties to the agreement if:

              (a)    the agreement is signed by all parties; and

              (b)    one or more of paragraphs (1)(b), (c) and (ca) are not satisfied in relation to the agreement; and

              (c)    a court is satisfied that it would be unjust and inequitable if the agreement were not binding on the spouse parties to the agreement (disregarding any changes in circumstances from the time the agreement was made); and

              (d)    the court makes an order under subsection (1B) declaring that the agreement is binding on the parties to the agreement; and

              (e)    the agreement has not been terminated and has not been set aside by a court.

       (1B)    For the purposes of paragraph (1A)(d), a court may make an order declaring that a financial agreement is binding on the parties to the agreement, upon application (the enforcement application) by a spouse party seeking to enforce the agreement.

       (1C)    To avoid doubt, section 90KA applies in relation to the enforcement application.

4B Subsection 90J(2)

Omit “A”, substitute “Subject to subsection (2A), a”.

(7)    Schedule 5, item 5, page 12 (line 29) to page 13 (line 5), omit paragraph 90J(2)(b), substitute:

              (b)    before signing the agreement, each spouse party was provided with independent legal advice from a legal practitioner about the effect of the agreement on the rights of that party and about the advantages and disadvantages, at the time that the advice was provided, to that party of making the agreement; and

              (c)    either before or after signing the agreement, each spouse party was provided with a signed statement by the legal practitioner stating that the advice referred to in paragraph (b) was provided to that party (whether or not the statement is annexed to the agreement); and

            (ca)    a copy of the statement referred to in paragraph (c) that was provided to a spouse party is given to the other spouse party or to a legal practitioner for the other spouse party; and

(8)    Schedule 5, page 13 (after line 9), after item 7, insert:

7A After subsection 90J(2)

Insert:

      (2A)    A termination agreement is binding on the parties if:

              (a)    the agreement is signed by all parties to the agreement; and

              (b)    one or more of paragraphs (2)(b), (c) and (ca) are not satisfied in relation to the agreement; and

              (c)    a court is satisfied that it would be unjust and inequitable if the agreement were not binding on the spouse parties to the agreement (disregarding any changes in circumstances from the time the agreement was made); and

              (d)    the court makes an order under subsection (2B) declaring that the agreement is binding on the parties to the agreement; and

              (e)    the agreement has not been set aside by a court.

       (2B)    For the purposes of paragraph (2A)(d), a court may make an order declaring that a termination agreement is binding on the parties to the agreement, upon application (the enforcement application) by a spouse party seeking to enforce the agreement.

       (2C)    To avoid doubt, section 90KA applies in relation to the enforcement application.

(9)    Schedule 5, item 8, page 13 (line 11), omit “2 to 7”, substitute “1A to 7A”.

(10)  Schedule 5, page 13 (after line 16), at the end of item 8, add:

              (b)    before signing the agreement, each spouse party was provided with independent legal advice from a legal practitioner about:

                    (i)    the effect of the agreement on the rights of that party; and

                   (ii)    whether or not, at the time when the advice was provided, it was to the advantage, financially or otherwise, of that party to make the agreement; and

                  (iii)    whether or not, at that time, it was prudent for that party to make the agreement; and

                  (iv)    whether or not, at that time and in the light of such circumstances as were, at that time, reasonably foreseeable, the provisions of the agreement were fair and reasonable; and

              (b)    before signing the agreement, each spouse party was provided with independent legal advice from a legal practitioner about:

                    (i)    the effect of the agreement on the rights of that party; and

                   (ii)    whether or not, at the time when the advice was provided, it was to the advantage, financially or otherwise, of that party to make the agreement; and

                  (iii)    whether or not, at that time, it was prudent for that party to make the agreement; and

                  (iv)    whether or not, at that time and in the light of such circumstances as were, at that time, reasonably foreseeable, the provisions of the agreement were fair and reasonable; and

              (b)    paragraph (1)(b) is not satisfied in relation to the agreement; and

              (b)    paragraph (2)(b) is not satisfied in relation to the agreement; and

(11)  Schedule 5, Part 1, page 13 (after line 16), at the end of the Part, add:

8A Transitional—agreements made on or after 14 January 2004 and before commencement

              (a)    the effect of the agreement on the rights of that party; and

              (b)    whether or not, at the time when the advice was provided, it was to the advantage, financially or otherwise, of that party to make the agreement; and

              (c)    whether or not, at that time, it was prudent for that party to make the agreement; and

              (d)    whether or not, at that time and in the light of such circumstances as were, at that time, reasonably foreseeable, the provisions of the agreement were fair and reasonable.

              (a)    the effect of the agreement on the rights of that party; and

              (b)    whether or not, at the time when the advice was provided, it was to the advantage, financially or otherwise, of that party to make the agreement; and

              (c)    whether or not, at that time, it was prudent for that party to make the agreement; and

              (d)    whether or not, at that time and in the light of such circumstances as were, at that time, reasonably foreseeable, the provisions of the agreement were fair and reasonable.

(12)  Schedule 5, page 14 (after line 10), after item 9, insert:

9A Subsection 90UJ(1)

Omit “A”, substitute “Subject to subsection (1A), a”.

(13)  Schedule 5, item 10, page 14 (lines 13 to 21), omit paragraph 90UJ(1)(b), substitute:

              (b)    before signing the agreement, each spouse party was provided with independent legal advice from a legal practitioner about the effect of the agreement on the rights of that party and about the advantages and disadvantages, at the time that the advice was provided, to that party of making the agreement; and

              (c)    either before or after signing the agreement, each spouse party was provided with a signed statement by the legal practitioner stating that the advice referred to in paragraph (b) was provided to that party (whether or not the statement is annexed to the agreement); and

            (ca)    a copy of the statement referred to in paragraph (c) that was provided to a spouse party is given to the other spouse party or to a legal practitioner for the other spouse party; and

(14)  Schedule 5, page 14 (after line 25), after item 12, insert:

12A After subsection 90UJ(1)

Insert:

      (1A)    A Part VIIIAB financial agreement (other than an agreement covered by section 90UE) is binding on the parties to the agreement if:

              (a)    the agreement is signed by all parties; and

              (b)    one or more of paragraphs (1)(b), (c) and (ca) are not satisfied in relation to the agreement; and

              (c)    a court is satisfied that it would be unjust and inequitable if the agreement were not binding on the spouse parties to the agreement (disregarding any changes in circumstances from the time the agreement was made); and

              (d)    the court makes an order under subsection (1B) declaring that the agreement is binding on the parties to the agreement; and

              (e)    the agreement has not been terminated and has not been set aside by a court.

       (1B)    For the purposes of paragraph (1A)(d), a court may make an order declaring that a Part VIIIAB financial agreement is binding on the parties to the agreement, upon application (the enforcement application) by a spouse party seeking to enforce the agreement.

       (1C)    To avoid doubt, section 90UN applies in relation to the enforcement application.

12B Subsection 90UL(2)

Omit “A”, substitute “Subject to subsection (2A), a”.

(15)  Schedule 5, item 13, page 14 (line 28) to page 15 (line 4), omit paragraph 90UL(2)(b), substitute:

              (b)    before signing the termination agreement, each spouse party was provided with independent legal advice from a legal practitioner about the effect of the termination agreement on the rights of that party and about the advantages and disadvantages, at the time that the advice was provided, to that party of making the termination agreement; and

              (c)    either before or after signing the agreement, each spouse party was provided with a signed statement by the legal practitioner stating that the advice referred to in paragraph (b) was provided to that party (whether or not the statement is annexed to the termination agreement); and

            (ca)    a copy of the statement referred to in paragraph (c) that was provided to a spouse party is given to the other spouse party or to a legal practitioner for the other spouse party; and

(16)  Schedule 5, page 15 (after line 8), after item 15, insert:

15A After subsection 90UL(2)

Insert:

      (2A)    A Part VIIIAB termination agreement is binding on the parties if:

              (a)    the termination agreement is signed by all parties to the Part VIIIAB financial agreement; and

              (b)    one or more of paragraphs (2)(b), (c) and (ca) are not satisfied in relation to the termination agreement; and

              (c)    a court is satisfied that it would be unjust and inequitable if the termination agreement were not binding on the spouse parties to the agreement (disregarding any changes in circumstances from the time the agreement was made); and

              (d)    the court makes an order under subsection (2B) declaring that the termination agreement is binding on the parties to the agreement; and

              (e)    the termination agreement has not been set aside by a court.

       (2B)    For the purposes of paragraph (2A)(d), a court may make an order declaring that a Part VIIIAB termination agreement is binding on the parties to the agreement, upon application (the enforcement application) by a spouse party seeking to enforce the agreement.

       (2C)    To avoid doubt, section 90UN applies in relation to the enforcement application.

(17)  Schedule 5, item 17, page 15 (line 26), omit “10 to 15”, substitute “9A to 15A”.

(18)  Schedule 5, page 15 (after line 34), at the end of item 17, add:

              (b)    paragraph (1)(b) is not satisfied in relation to the agreement; and

              (b)    paragraph (2)(b) is not satisfied in relation to the agreement; and