Situations where the agreement may not be binding include:
- the general laws of contract must be followed,
- both parties must make full disclosure of their financial situation,
- parties must not be dishonest or fraudulent in disclosing their financial position,
- if the procedures set out in the Family Law Act have not been properly followed, or
- a significant change in the care, welfare and development of a child of the relationship has arisen since the agreement was entered into, which would result in a party suffering hardship if they could not overturn the agreement.