Specification in orders of payments etc. for spouse maintenance purposes
77A Specification in orders of payments etc. for spouse maintenance purposes
Where:
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 marriage, is made by consent or varies an earlier order), and the order has the effect of requiring:
payment of a lump sum, whether in one amount or by instalments; or
the transfer or settlement of property; and
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 marriage;
the court shall:
express the order to be an order to which this section applies; and
specify the portion of the payment, or the value of the portion of the property, attributable to the provision of maintenance for the party.
Where:
a court makes an order of a kind referred to in paragraph (1)(a); and
the order:
is not expressed to be an order to which this section applies; or
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, shall be taken not to make provision for the maintenance of a party to the relevant marriage.
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