Difference between revisions of "Changing Family Law Agreements"

Agreements about property division that were made before March 18, 2013, which is when the ''Family Law Act'' came into force, have to be changed under the ''Family Relations Act'', which was the law in effect before the ''Family Law Act''.  If the agreement is between unmarried spouses, then only agreements made before November 24, 2011, would have to be changed under the ''Family Relations Act''.  Section 252(2)(a) of the ''Family Law Act'' says that proceedings to enforce, set aside or replace an agreement about property division that was made before the ''Family Law Act'' came into force must be started under the ''Family Relations Act''.  Section 65 of the ''Family Relations Act'' says that an agreement that is in writing and witnessed by a third party or parties can be varied if it would be unfair having regard to the factors set out in that section.  Section 68 of the ''Family Relations Act'' provides for the variation of agreements that are not in writing or were not witnessed.  Given the additional issues involved in changing agreements made before March 18, 2013, getting advice from a lawyer is highly recommended.