Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p36
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 86978–89696

adding at the end the following subsections:
    "(2) The making of an order of a kind referred to in paragraph (1) (ba), or of any other order under this Part, in relation to the maintenance of a party to a marriage does not prevent a court from making a subsequent order in relation to the maintenance of the party.
    "(3) The Rules of Court may make provision with respect to the making of orders under this Part in relation to the maintenance of parties to marriages (whether as to their form or otherwise) for the purpose of facilitating their enforcement and the collection of maintenance payable under them.".

Cessation of spousal maintenance orders
44. Section 82 of the Principal Act is amended:
     (a) by omitting from subsection (1) "or a child of a marriage" and "or child";
     (b) by omitting from subsection (2) "or a child of a marriage";
     (c) by omitting subsection (5);
     (d) by omitting from subsection (6) "or a marriage referred to in subsection (5)" and "or marriage"; and
     (e) by omitting from subsection (7) "or (5)".

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 sub-section:
    "(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".

Registered maintenance agreements
46. Section 86 of the Principal Act is amended by omitting subsection (2) and substituting the following subsections:
"(2) Section 66n applies in relation to the variation of a maintenance agreement registered under subsection (1), in so far as the agreement makes provision for the maintenance of a child of the relevant marriage, as if the agreement were an order made by consent under Part VII by the court in which the agreement is registered.
"(2a) Section 83 applies in relation to the variation of a maintenance agreement registered under subsection (1), in so far as the agreement makes provision for the maintenance of a party to the relevant marriage, as if the agreement were an order made by consent