80CMaking binding child support agreements

80C Making binding child support agreements

(1) An agreement is a binding child support agreement if: (a) the agreement is binding on the parties to the agreement in accordance with subsection (2); and (b) the agreement complies with subsection 81(2). (2) For the purposes of subsection (1), an agreement is binding on the parties to the agreement if, and only if: (a) the agreement is in writing; and (b) the agreement is signed by the parties to the agreement; and (c) the agreement contains, in relation to each party to the agreement, a statement to the effect that the party to whom the statement relates has been provided, before the agreement was signed by him or her, as certified in an annexure to the agreement, with independent legal advice from a legal practitioner as to the following matters: (i) the effect of the agreement on the rights of that party; (ii) the advantages and disadvantages, at the time that the advice was provided, to the party of making the agreement; and (d) the annexure to the agreement contains a certificate signed by the person providing the independent legal advice stating that the advice was provided; and (e) the agreement has not been terminated under section 80D; and (f) after the agreement is signed, either the original agreement or a copy of the agreement is given to each party.

Note: For the manner in which the contents of a binding child support agreement may be proved, see section 48 of the Evidence Act 1995.