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FAMILY COURT ACT 1997 - SECT 205ZD

205ZD .         Matters to be taken into consideration in relation to maintenance — FLA s. 75

        [(1)         deleted.]

        (2)         In exercising jurisdiction under section 205ZCA, the court must take into account only the matters referred to in subsection (3).

        (3)         The matters to be taken into account are —

            (a)         the age and state of health of each of the de facto partners; and

            (b)         the income, property and financial resources of each of the de facto partners and the physical and mental capacity of each of them for appropriate gainful employment; and

            (c)         whether either de facto partner has the care or control of a child of the de facto relationship who has not attained the age of 18 years; and

            (d)         commitments of each of the de facto partners that are necessary to enable the partner to support —

                  (i)         himself or herself; and

                  (ii)         a child or another person that the partner has a duty to maintain;

                and

            (e)         the responsibilities of either de facto partner to support any other person; and

            (f)         subject to subsection (4), the eligibility of either de facto partner for a pension, allowance or benefit under —

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

                  (ii)         any superannuation fund or scheme, whether the fund or scheme was established, or operates, within or outside Australia,

                and the rate of any such pension, allowance or benefit being paid to either de facto partner; and

            (g)         a standard of living that in all the circumstances is reasonable; and

            (h)         the extent to which the payment of maintenance to the de facto partner whose maintenance is under consideration would increase the earning capacity of that partner by enabling that partner 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

            (ha)         the effect of any proposed order on the ability of a creditor of a de facto partner to recover the creditor’s debt, so far as that effect is relevant; and

                  (i)         the extent to which the de facto partner whose maintenance is under consideration has contributed to the income, earning capacity, property and financial resources of the other de facto partner; and

            (j)         the duration of the de facto relationship and the extent to which it has affected the earning capacity of the de facto partner whose maintenance is under consideration; and

            (k)         the need to protect a de facto partner who wishes to continue that partner’s role as a parent; and

            (l)         if either de facto partner is cohabiting with another person, the financial circumstances relating to the cohabitation; and

            (m)         the terms of any order made or proposed to be made under section 205ZG in relation to —

                  (i)         the property of the de facto partners; or

                  (ii)         vested bankruptcy property in relation to a bankrupt de facto partner;

                and

            (ma)         the terms of any order or declaration made or proposed to be made under the Family Law Act Part VIIIC in relation to a de facto partner; and

            (n)         any child support under the Child Support (Assessment) Act that a de facto partner has provided, is to provide, or might be liable to provide in the future, for a child of the de facto relationship; and

            (o)         any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account; and

            (p)         the terms of any financial agreement or former financial agreement that is binding on the de facto partners; and

            (q)         without limiting paragraph (p), the terms of any superannuation agreement between the de facto partners that is in force (as those terms are defined in the Family Law Act section 90YD).

        (4)         In exercising its jurisdiction under section 205ZCA, a court must disregard any entitlement of the de facto partner whose maintenance is under consideration to an income tested pension, allowance or benefit.

        [Section 205ZD inserted: No. 25 of 2002 s. 47; amended: No. 28 of 2022 s. 16.]



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