Document ID: chunk:federal_register_of_legislation:C2024C00859:section:79:p2
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 79 (pt 2/7)
Character Range: 490950–493521

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
 (c) the parties to the marriage are granted a legal separation under the law of an overseas country and the legal separation is recognised 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
 (c) 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 this Act affecting a party to the marriage or a child of the marriage; and
 (g) any child support under the Child Support (Assessment) Act 1989 that a party to