Donate Child Support Calculator
Skip navigation

Section 79 Family Law Act 1975 parts 1 - 4

A very nasty act

FAMILY LAW ACT 1975 - SECT 79

Alteration of property interests (1) In property settlement proceedings, the court may make such order as it considers appropriate:

 (a) in the case of proceedings with respect to the property of the parties to the marriage or either of them-altering the interests of the parties to the marriage in the property; or


 (b) in the case of proceedings with respect to the vested bankruptcy property in relation to a bankrupt party to the marriage-altering the interests of the bankruptcy trustee in the vestedbankruptcy property;

including:

© an order for a settlement of property in substitution for any interest in the property; and


 (d) an order requiring:

 (i) either or both of the parties to the marriage; or


 (ii) the relevant bankruptcy trustee (if any);

 to make, for the benefit of either or both of the parties to the marriage or a child of the marriage, such settlement or transfer of property as the court determines.

 (1A) An order made under subsection (1) in property settlement proceedings may, after the death of a party to the marriage, be enforced on behalf of, or against, as the case may be, the estate of the deceased party.

 (1B) The court may adjourn property settlement proceedings, except where the parties to the marriage are:

 (a) parties to concurrent, pending or completed divorce or validity of marriage proceedings; or


 (ba) parties to a marriage who have divorced under the law of an overseas country, where that divorce is recognised as valid in Australia under section 104; or


 (bb) parties to a marriage that has been annulled under the law of an overseas country, where that annulment is recognised as valid in Australia under section 104; or

©parties to a marriage who have been granted a legal separation under the law of an overseas country, where that legal separation is recognized as valid in Australia under section 104;

on such terms and conditions as it considers appropriate, for such period as it considers necessary to enable the parties to the marriage to consider the likely effects (if any) of an order under this section on the marriage or the children of the marriage, but nothing in this subsection shall be taken to limit any other power of the court to adjourn such proceedings.

 (1C) Where the period for which a court has adjourned property settlement proceedings as provided by subsection (1B) has not expired and:

 (a) divorce or validity of marriage proceedings are instituted by one or both of the parties to the marriage; or


 (ba) the parties to the marriage have divorced under the law of an overseas country and the divorce is recognised as valid in Australia under section 104; or


 (bb) the marriage is annulled under the law of an overseas country and the annulment is recognised as valid in Australia under section 104; or


 © the parties to the marriage are granted a legal separation under the law of an overseas country and the legal separation is recognized as valid in Australia under section 104;

a party to the first‑mentioned proceedings may apply to the court for the hearing of those proceedings to be continued.

 (2) The court shall not make an order under this section unless it is satisfied that, in all the circumstances, it is just and equitable to make the order.

 (4) In considering what order (if any) should be made under this section in property settlement proceedings, the court shall take into account:

 (a) the financial contribution made directly or indirectly by or on behalf of a party to the marriage or a child of the marriage to the acquisition, conservation or improvement of any of the property of the parties to the marriage or either of them, or otherwise in relation to any of that last‑mentioned property, whether or not that last‑mentioned property has, since the making of the contribution, ceased to be the property of the parties to the marriage or either of them; and


 (b) the contribution (other than a financial contribution) made directly or indirectly by or on behalf of a party to the marriage or a child of the marriage to the acquisition, conservation or improvement of any of the property of the parties to the marriage or either of them, or otherwise in relation to any of that last‑mentioned property, whether or not that last‑mentioned property has, since the making of the contribution, ceased to be the property of the parties to the marriage or either of them; and


 © the contribution made by a party to the marriage to the welfare of the family constituted by the parties to the marriage and any children of the marriage, including any contribution made in the capacity of homemaker or parent; and


 (d) the effect of any proposed order upon the earning capacity of either party to the marriage; and


 (e) the matters referred to in subsection 75(2) so far as they are relevant; and


 (f) any other order made under thisAct affecting a party to the marriage or a child of the marriage; and


 (g) any child support under the ChildSupport (Assessment) Act 1989 that a party to the marriage has provided, is to provide, or might be liable to provide in the future, for a child of the marriage.

Last edit: by monteverdi


Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 

Explaining section 79 FLA 1975 Parts 1 - 4

Will post here very soon; honest!

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
1 guest and 0 members have just viewed this.

Recent Tweets