Bill No. 19 Marriage And Divorce Bill 2009 121. Inquiry by Court (1) A court has jurisdiction to make an enquiry into an agreement made under section 117 during the cohabitation or marriage or on the termination of cohabitation or dissolution of the marriage. (2) A spouse, party or any other person with an interest in the subject matter of the agreement may apply to the court for an inquiry to be made where there are reasonable grounds to believe that the court may set aside the agreement under section 117. (3) Where a spouse, party to the agreement or a person with an interest in the subject matter of the agreement applies for an inquiry to be made, the court may make a declaration— (a) that the agreement shall have effect in whole or in part; or (b) that the agreement shall be set aside if satisfied that the interest of a party has been materially prejudiced by the action of a party to the agreement. 122. Court to set aside agreement (1) Where a party to an agreement alleges that the agreement was entered into under— (a) duress; (b) undue influence; (c) fraud; (d) misrepresentation; (e) illegality; (f) lack of intention; or (g) any other vitiating factor such as the unequal bargaining position of a spouse, the court may set aside the agreement and make another order for the distribution of the property. 51