Commonwealth Numbered Acts

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FAMILY LAW AMENDMENT ACT 1987 No. 181 of 1987 - SECT 45

Modification of spousal maintenance orders
45. Section 83 of the Principal Act is amended:

   (a)  by omitting from subsection (1) "or of a child of a marriage" and "or
        child";

   (b)  by omitting from paragraph (2) (b) "or" (last occurring);

   (c)  by inserting after paragraph (2) (b) the following paragraph:

"(ba) in a case where the order was made by consent-that the amount ordered to
be paid is not proper or adequate;";

   (d)  by inserting after subsection (5) the following subsection:

"(5A) In satisfying itself for the purposes of paragraph (2) (ba), the court
shall have regard to any payments, and any transfer or settlement of property,
previously made by a party to the marriage to:

   (a)  the other party; or

   (b)  any other person for the benefit of the other party."; and

   (e)  by omitting from subsection (7) ", 73, 75 and 76" and substituting
        "and 75". 


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