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.