The basic principles

Agreements about maintenance11

1

In this Article “maintenance agreement” means any agreement for the making, or for securing the making, of periodical payments by way of maintenance to or for the benefit of any child.

2

Nothing in this Order shall be taken to prevent any person from entering into a maintenance agreement.

3

F1Subject to Article 7(10)(a) the existence of a maintenance agreement shall not prevent any party to the agreement, or any other person, from applying for a maintenance assessment with respect to any child to or for whose benefit periodical payments are to be made or secured under the agreement.

4

Where any agreement contains a provision which purports to restrict the right of any person to apply for a maintenance assessment, that provision shall be void.

5

Where Article 10 would prevent any court from making a maintenance order in relation to a child and an absent parent of his, no court shall exercise any power that it has to vary any agreement so as—

a

to insert a provision requiring that absent parent to make or secure the making of periodical payments by way of maintenance to or for the benefit of that child; or

b

to increase the amount payable under such a provision.

F16

In any case in which Article 7(10) prevents the making of an application for a maintenance assessment, and—

F2a

no application has been made for a maintenance assessment under Article 9, or

b

such an application has been made but no maintenance assessment has been made in response to it,

F3a

no parent has been treated under Article 9(3) as having applied for a maintenance calculation with respect to the child; or

b

a parent has been so treated but no maintenance calculation has been made,

paragraph (5) shall have effect with the omission of sub-paragraph (b).