80DTerminating binding child support agreements

80D Terminating binding child support agreements

(1) A binding child support agreement (the previous agreement) may be terminated only by: (a) a provision being included in a new binding child support agreement made by the parties to the previous agreement to the effect that the previous agreement is terminated; or (b) the parties to the previous agreement making a written agreement (a termination agreement): (i) that is binding on the parties in accordance with subsection (2); and (ii) to the effect that the agreement is terminated; or (c) a court order setting aside the previous agreement under section 136. (2) For the purposes of subparagraph (1)(b)(i), an agreement is binding on the parties 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 set aside by a court under section 136; 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 termination agreement may be proved, see section 48 of the Evidence Act 1995.

(3) A binding child support agreement is terminated: (a) if paragraph (1)(a) applies—on the day set out in the following paragraph: (i) if the new binding child support agreement specifies a day on which it takes effect—that day; (ii) otherwise—the day on which the new binding child support agreement is signed; and (b) if paragraph (1)(b) applies—on the day set out in the following paragraph: (i) if the termination agreement specifies a day on which it takes effect—that day; (ii) otherwise—the day on which the termination agreement is signed; and (c) if paragraph (1)(c) applies—on the day on which the court order takes effect.