Family Law Act 1975

In exercising jurisdiction under section 74, the court shall take into account only the matters referred to in subsection (2).

The matters to be so taken into account are:

the effect of any family violence to which one party has subjected or exposed the other party, including on any of the matters mentioned elsewhere in this subsection; and

the age and state of health of each of the parties; and

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; and

the extent to which either party has the care of a child of the marriage who has not attained the age of 18 years, including the need of either party to provide appropriate housing for such a child; and

commitments of each of the parties that are necessary to enable the party to support:

himself or herself; and

a child or another person that the party has a duty to maintain; and

the responsibilities of either party to support any other person; and

subject to subsection (3), the eligibility of either party for a pension, allowance or benefit under:

any law of the Commonwealth, of a State or Territory or of another country; or

any superannuation fund or scheme, whether the fund or scheme was established, or operates, within or outside Australia;

where the parties have separated or divorced, a standard of living that in all the circumstances is reasonable; and

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; and

the effect of any proposed order on the ability of a creditor of a party to recover the creditor’s debt, so far as that effect is relevant; and

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; and

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

the need to protect a party who wishes to continue that party’s role as a parent; and

if either party is cohabiting with another person—the financial circumstances relating to the cohabitation; and

the terms of any order made or proposed to be made under section 79 in relation to:

the property of the parties; or

vested bankruptcy property in relation to a bankrupt party; and

the terms of any order or declaration made, or proposed to be made, under Part VIIIAB in relation to:

a party to the marriage; or

a person who is a party to a de facto relationship with a party to the marriage; or

the property of a person covered by subparagraph (i) and of a person covered by subparagraph (ii), or of either of them; or

vested bankruptcy property in relation to a person covered by subparagraph (i) or (ii); and

any child support under the Child Support (Assessment) Act 1989 that a party to the marriage has provided, is to provide, or might be liable to provide in the future, for a child of the marriage; and

the terms of any financial agreement that is binding on the parties to the marriage; and

the terms of any Part VIIIAB financial agreement that is binding on a party to the marriage; and

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

In exercising its jurisdiction under section 74, a court shall disregard any entitlement of the party whose maintenance is under consideration to an income tested pension, allowance or benefit.

In this section: