You can be a married couple, de facto or of the same sex — it doesn`t make any difference. All are treated the same under the Family Law Act and anyone residing in Australia can enter into a financial agreement. The Court of Appeal held that a financial agreement providing for both the breakdown of a de facto relationship and the collapse of a subsequent marriage was valid. The main reason for the Court`s decision was that there was no necessary conflict between a de facto relationship and a subsequent marriage. As was the case, de facto couples can marry later. There is therefore no reason why couples should not be able to enter into a single agreement that pre-exists both the circumstances of the breakdown of the facts and the marital breakdown. On the face of it, the inclusion of the note in 90UK seems to support the view that s 90H can be invoked to allow the use of Pt VIIIA financial agreements as an instrument of estate planning, since s 90H does not have the same rating. However, the word “breakdown” is used in s 90B (2), 90C (2), 90UB (2) and 90UC (2) and is defined as: a) that, in the event of marriage breakdown, all or both spouses` financial resources at the time of the agreement, or at a later date and before the divorce; Overall, and I, the two main types of agreements are legislated: a provision relating to support obligations in a Pt VIIIAB financial contract is null and void, unless it corresponds to s 90UH. Section 90UH (1), in the same way as s 90E, which applies to The Financial Agreements of Pt VIIIA, states that in 2008 Jenny and Paul entered into an agreement under Western Australian law for the distribution of their assets when they separated and the agreement waived the jurisdiction of the Western Australian courts. Jenny and Paul lived together for 4 years and separated in 2012. They thus met the bridge requirement of 2 years of cohabitation under s 90SB.
The first year of living together, they lived in Western Australia, but then lived in Victoria. This meant that they met the bridge requirement of s 90SD (1) (b) (i) that they were normally established in a participating jurisdiction for at least one third of their relationship. Of course, they could have had their usual residence in Victoria for 5 minutes if they met the usual residency requirement in Victoria in the event of a relationship breakdown, or would not have been domiciled in Victoria if the applicant made substantial contributions pursuant to s 90SM (4) in Victoria, while residing in Western Australia. Just before they moved to Victoria, the Western Australian agreement was in effect and the couple was not married.