According to section 34 of the Matrimonial Causes Act 1973, if a maintenance agreement includes a provision purporting to restrict any right to apply to a court for an order containing financial arrangements, then;
- That provision shall be void, but
- 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 sections 35 and 36 of the Act, be binding on the parties to the agreement.
Maintenance agreement by virtue of sections 34 and 35 of the Matrimonial Causes Act 1973 means any agreement in writing made whether before or after commencement of the Matrimonial Causes Act 1973, between the parties to a marriage, being;
- An agreement containing financial arrangements, whether made during the continuance or after the dissolution or annulment of the marriage, or
- A separation agreement contains no financial arrangements in a case where no other agreement in writing between the same parties contains such arrangements.
Financial means the provision 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.