Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 90SH

  (1)   If:

  (a)   a court makes an order under this Act (whether or not the order is made in proceedings in relation to the maintenance of a party to a   de   facto   relationship in accordance with this Division, is made by consent or varies an earlier order), and the order has the effect of requiring:

  (i)   payment of a lump sum, whether in one amount or by instalments; or

  (ii)   the transfer or settlement of property; and

  (b)   the purpose, or one of the purposes, of the payment, transfer or settlement is to make provision for the maintenance of a party to a   de   facto   relationship in relation to the breakdown of the   de   facto   relationship;

the court must:

  (c)   express the order to be an order to which this section applies; and

  (d)   specify the portion of the payment, or the value of the portion of the property, attributable to the maintenance of the party.

  (2)   If:

  (a)   a court makes an order of a kind referred to in paragraph   (1)(a); and

  (b)   the order:

  (i)   is not expressed to be an order to which this section applies; or

  (ii)   is expressed to be an order to which this section applies, but does not comply with paragraph   (1)(d);

any payment, transfer or settlement of a kind referred to in paragraph   (1)(a), that the order has the effect of requiring, must be taken not to make provision for the maintenance of a party to the relevant   de   facto   relationship.