62Effect of agreements in certain proceedings

### 62 Effect of agreements in certain proceedings > > (1)  If, on an application by a partner for an order, a court is satisfied that – > > > > > > (a) there is a personal relationship agreement or separation agreement between the partners; and > > > > > > > (b) the agreement is in writing; and > > > > > > > (c) the agreement is signed by the partner against whom it is sought to be enforced; and > > > > > > > (d) [*\[Section 62 Subsection (1) amended by No. 16 of 2006, s. 30, Applied:01 Nov 2006\]*](/view/html/inforce/2006-11-01/act-2006-016#GS30@Hpb@EN) [*\[Section 62 Subsection (1) amended by No. 16 of 2006, s. 30, Applied:01 Nov 2006\]*](/view/html/inforce/2006-11-01/act-2006-016#GS30@Hpa@EN) each party to the relationship was, before the time at which the agreement was signed by him or her, given by a legal practitioner a certificate in a form approved by the Minister which states that, before that time, the legal practitioner provided legal advice to that party, independently of the other party to the relationship, as to the following matters: > > > > > > > > > > (i) the effect of the agreement on the rights of the parties to apply for an order under [Part 5](#HP5@EN) ; > > > > > > > > > > > (ii) the advantages and disadvantages, at the time that the advice was provided, to the party of making the agreement; and > > > > > > > (e) the certificates referred to in [paragraph (d)](#GS62@Gs1@Hpd@EN) are endorsed on or annexed to or otherwise accompany the agreement – > > > > the court is not to make an order that is inconsistent with the terms of the agreement. > > > (2)  If, on an application by a partner for an order, a court is satisfied that there is a personal relationship agreement or separation agreement between the partners but it is not satisfied as to any of the matters referred to in [subsection (1)(b)](#GS62@Gs1@Hpb@EN) , [(c)](#GS62@Gs1@Hpc@EN) or [(d)](#GS62@Gs1@Hpd@EN) , the court may – > > > > > > (a) make any order it could have made if there were no personal relationship agreement or separation agreement between the partners; and > > > > > > > (b) have regard to the terms of the personal relationship agreement or separation agreement. > > > (3)  A court may make an order referred to in [subsection (2)](#GS62@Gs2@EN) notwithstanding that the personal relationship agreement or separation agreement purports to exclude the jurisdiction of the court to make that order.