Specification in orders of payments etc. for maintenance purposes
90SH Specification in orders of payments etc. for maintenance purposes
If:
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:
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 de facto relationship in relation to the breakdown of the de facto relationship;
the court must:
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 maintenance of the party.
If:
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, must be taken not to make provision for the maintenance of a party to the relevant de facto relationship.
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