PART IIIFINANCIAL RELIEF FOR PARTIES TO MARRIAGE AND CHILDREN OF FAMILY

Maintenance agreements

Validity of maintenance agreements36

1

If a maintenance agreement includes a provision purporting to restrict any right to apply to a court for an order containing financial arrangements, then—

a

that provision shall be void; but

b

any other financial arrangements contained in the agreement shall not thereby be rendered void or unenforceable and shall, unless they are void or unenforceable for any other reason (and subject to Articles 37 and 38), be binding on the parties to the agreement.

2

In this Article and in Article 37—

  • “maintenance agreement” means any agreement in writing made, whether before or after the commencement of this Article, between the parties to a marriage, being—

    1. a

      an agreement containing financial arrangements, whether made during the continuance or after the dissolution or annulment of the marriage; or

    2. b

      a separation agreement which contains no financial arrangements in a case where no other agreements in writing between the same parties contains such arrangements;

  • “financial arrangements” means provisions governing the rights and liabilities towards one another when living separately of the parties to a marriage (including a marriage which has been dissolved or annulled) in respect of the making or securing of payments or the disposition or use of any property, including such rights and liabilities with respect to the maintenance or education of any child, whether or not a child of the family.