Commonwealth Numbered Acts

FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 75

75. (1) In exercising jurisdiction under this Part, the court shall take into
account only the matters referred to in sub-section (2).

(2) The matters to be so taken into account are-

   (a)  the age and state of health of each of the parties;

   (b)  the income, property and financial resources of each of the parties
        and the physical and mental capacity of each of them for appropriate
        gainful employment;

   (c)  whether either party has the care or control of a child of the
        marriage who has not attained the age of 18 years;

   (d)  the financial needs and obligations of each of the parties;

   (e)  the responsibilities of either party to support any other person;

   (f)  the eligibility of either party for a pension, allowance or benefit
        under any law of Australia or of a State or Territory or under any
        superannuation fund or scheme, or the rate of any such pension,
        allowance or benefit being paid to either party;

   (g)  where the parties have separated or the marriage has been dissolved, a
        standard of living that in all the circumstances is reasonable;

   (h)  the extent to which the payment of maintenance to the party whose
        maintenance is under consideration would increase the earning capacity
        of that party by enabling that party to undertake a course of
        education or training or to establish himself or herself in a business
        or otherwise to obtain an adequate income;

   (j)  the extent to which the party whose maintenance is under consideration
        has contributed to the income, earning capacity, property and
        financial resources of the other party;

   (k)  the duration of the marriage and the extent to which it has affected
        the earning capacity of the party whose maintenance is under
        consideration;

   (l)  the need to protect the position of a woman who wishes only to
        continue her role as a wife and mother;

   (m)  if the party whose maintenance is under consideration is cohabiting
        with another person-the financial circumstances relating to the
        cohabitation;

   (n)  the terms of any order made or proposed to be made under section 79 in
        relation to the property of the parties; and

   (o)  any fact or circumstance which, in the opinion of the court, the
        justice of the case requires to be taken into account.