(1) Where —
(a) a
court makes an order under this Act (whether or not the order is made in
proceedings in relation to the maintenance of a de facto partner, is made by
consent or varies an earlier order), and the order has the effect of requiring
—
(i)
payment of a lump sum, whether in one amount or by
instalments; or
(ii)
the transfer or settlement of property;
and
(b) the
purpose, or one of the purposes, of the payment, transfer or settlement is to
make provision for the maintenance of a de facto partner,
the court must —
(c)
express the order to be an order to which this section applies; and
(d)
specify the portion of the payment, or the value of the portion of the
property, attributable to the provision of maintenance for the partner.
(2) Where —
(a) a
court makes an order of a kind referred to in subsection (1)(a); and
(b) the
order —
(i)
is not expressed to be an order to which this section
applies; or
(ii)
is expressed to be an order to which this section
applies, but does not comply with subsection (1)(d),
any payment, transfer
or settlement of a kind referred to in subsection (1)(a), that the order has
the effect of requiring, is to be taken not to make provision for the
maintenance of a de facto partner to the relevant de facto relationship.
[Section 205ZF inserted: No. 25 of 2002 s. 47.]