Court may disregard provision of domestic contract
43The Court may disregard any provision of a domestic contract if the Court is of the opinion that to apply the provision would be inequitable in all the circumstances of the case if
(a)
the domestic contract was made before January 1, 1981, and was not made in contemplation of the commencement of this Part, or
(b)
the spouse who challenges the provision entered into the domestic contract without receiving legal advice from a person independent of any legal adviser of the other spouse.