(1) Subject to section 21H, an agreement entered into under section 21 or section 21A or section 21B is void unless the requirements set out in subsections (2) to (5) are complied with.
(2) The agreement must be in writing and signed by both parties.
(3) Each party to the agreement must have independent legal advice before signing the agreement.
(4) The signature of each party to the agreement must be witnessed by a lawyer.
(5) The lawyer who witnesses the signature of a party must certify that, before that party signed the agreement, the lawyer explained to that party the effect and implications of the agreement.
Sections 21A to 21T were inserted, as from 1 August 2001, by section 21(1) Property (Relationships) Amendment Act 2001 (2001 No 5). See section 21(3) of that Act which states that for the purposes of applying Part 6 of the principal Act during the period beginning on 1 August 2001 and ending with the close of 31 January 2002, all terms used in that Part have the meanings given to them in sections 2 to 2D of the principal Act (as substituted by section 8) as if section 8 were in force during that period. See Part 9 of this Act as to the transitional and saving provisions.