35. Validity of maintenance agreements
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(1) In this section and in section 36—
“maintenance agreement” means any agreement in writing made, whether before or after the commencement of this Act, 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;
“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.
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(2) Where 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 so however that 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 26 and 37), be binding on the parties to the agreement.