Document ID: chunk:federal_register_of_legislation:C2024C00859:section:77a
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 77A
Character Range: 486698–488034

77A  Specification in orders of payments etc. for spouse maintenance purposes
 (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 party to a marriage, 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 party to a marriage;
the court shall:
 (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 party.
 (2) Where:
 (a) a court makes an order of a kind referred to in paragraph (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 paragraph (1)(d);
any payment, transfer or settlement of a kind referred to in paragraph (1)(a), that the order has the effect of requiring, shall be taken not to make provision for the maintenance of a party to the relevant marriage.