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s 32

Duration of orders for periodic maintenance

In force
Part 2Power of Courts to declare existence of relationships, to declare and adjust interests in property, and make maintenance orders
Division 5Maintenance

32 Duration of orders for periodic maintenance

(1)

An order under this Division for periodic maintenance, being an order made where the court is satisfied solely as to the matters specified in section 26(1)(a), applies for such period as the court decides, not exceeding the period ending when the child in respect of whom the order was made, or the younger or youngest child, attains the age of 18 years.

(2)

An order under this Division for periodic maintenance, being an order made where the court is satisfied solely as to the matters specified in section 26(1)(b), applies for such period as the court decides, being a period not exceeding:

(a)

3 years after the day on which the order was made; or

(b)

4 years after the day on which the de facto partners last lived together;

whichever is the shorter.

(3)

An order under this Division for periodic maintenance, being an order made where the court is satisfied as to the matters specified in both paragraph (a) and paragraph (b) of section 26(1), applies for such period as the court decides, being a period not exceeding the relevant period permissible under subsection (1) or (2), whichever is the longer.

(4)

Nothing in this section or in an order under this Division for periodic maintenance prevents the order from ceasing to have effect under section 30 or 31.

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