Under the law, an agreement based on this form is void, unless each party has independent legal advice prior to signing. The court may, in certain circumstances, render an agreement invalid, but if it does not, the law appears that the agreement was never reached. The form of the agreement set out in the timetable is mandatory as a model of agreement within the meaning of Article 21 of the Act. The court may decide that your agreement is invalid if the court considers it to be causing a “serious injustice,” even if the agreement complies with the specific requirements. THE PROPERTY (RELATIONSHIPS) ACT stipulates that a married, de facto or civil couple or two persons who are considering marriage, civil union or de facto may withdraw from the law by entering into their own agreement to determine the status and ownership of their property and their division. If they do, the law will not apply to them. Thus, an agreement can be reached, either before the marriage, the civil registry association or the de facto relationship begins, or as a means of reaching an agreement when their relationship is broken. Couples considering entering into a contract may find that an agreement based on this form does not meet their circumstances or requirements at all or is only suitable for them if the form is amended. They should also be aware of these elements (exposed in the other submissions): the court can only set aside a contractual agreement if it results in a “serious injustice”. This may be the case z.B. if an agreement is very one-sided and does not allow a partner to participate in the property acquired during the relationship.
The agreement should contain the following conditions and information: In accordance with Section 21E (3) of the Act, the use of a mandatory model of the agreement is optional. This means that not all informal agreements made by individuals have a non-compliance effect (although you can apply for the guarantee in very limited circumstances). What people consider “fair” during a relationship can change dramatically in the context of separation, so it is important to formalize all agreements reached to protect your position and your wealth. Parties must take into account their obligations to each other under the Family Protection Act. These obligations can be dealt with as part of the contract. For example, a life interest in the surviving spouse in the event of death is worth more than a share of the property. Each case must be considered on the basis of its facts. the general effect and effects of an agreement based on this form: in fact, couples who entered into contractual agreements before February 1, 2002 in anticipation of the entry into force of the “contractual agreements” act on that date had to comply with the specific procedural rules when they agreed on August 1, 2001.
Otherwise, the agreement they have reached is null and void. If the property owned by one of the parties is listed in Schedule 1 or Schedule 2, it must be treated after the agreement comes into force as if it were a separate property from that party within the meaning of the law (see points 1 and 2). procedural requirements for reaching an agreement and other rules applicable to an agreement (for example. B the power of the court to cancel an agreement). The status, ownership and distribution of their property to which this agreement applies are as follows: the use of this form is optional. The purpose of an agreement based on this form is to assign under the law, providing that the classified property must be a separate property.