Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:1_24:p1
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 1 cl 24 (pt 1/3)
Character Range: 11917–14523

24  After subsection 79(4)
Insert:

Considerations relating to current and future circumstances

 (5) For the purposes of subparagraph (3)(b)(ii), the court is to take into account the following considerations, so far as they are relevant:
 (a) the effect of any family violence, to which one party to the marriage has subjected or exposed the other party, on the current and future circumstances of the other party, including on any of the matters mentioned elsewhere in this subsection;
 (b) the age and state of health of each of the parties to the marriage;
 (c) the income, property and financial resources of each of the parties to the marriage and the physical and mental capacity of each of them for appropriate gainful employment;
 (d) the effect of any material wastage, caused intentionally or recklessly by a party to the marriage, of property or financial resources of either of the parties to the marriage or both of them;
 (e) any liabilities incurred by either of the parties to the marriage or both of them, including the nature of the liabilities and the circumstances relating to them;
 (f) the extent to which either party to the marriage has the care of a child of the marriage who has not attained the age of 18 years, including the need of either party to provide appropriate housing for such a child;
 (g) commitments of each of the parties to the marriage that are necessary to enable the party to support themselves and any child or other person that the party has a duty to maintain;
 (h) the responsibilities of either party to the marriage to support any other person;
 (i) the eligibility of either party to the marriage 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;
 (j) if either party to the marriage is eligible for a pension, allowance or benefit as mentioned in paragraph (i)—the rate at which it is being paid to the party;
 (k) if the parties to the marriage have separated or divorced, a standard of living that in all the circumstances is reasonable;
 (l) the extent to which an alteration of the interests of the parties to the marriage in any property would enable a party to undertake education or establish a business or otherwise obtain an adequate income;
 (m) the effect of any proposed order on the ability of a creditor of a party to the marriage to recover the creditor's debt, so far as that effect is relevant;
 (n) the extent to which each party