Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:1_43:p1
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 1 cl 43 (pt 1/3)
Character Range: 23518–26195

43  After subsection 90SM(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 de facto relationship (the subject de facto relationship) 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 subject de facto relationship;
 (c) the income, property and financial resources of each of the parties to the subject de facto relationship 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 subject de facto relationship, of property or financial resources of either of the parties to the subject de facto relationship or both of them;
 (e) any liabilities incurred by either of the parties to the subject de facto relationship 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 subject de facto relationship has the care of a child of the de facto relationship 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 subject de facto relationship 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 subject de facto relationship to support any other person;
 (i) the eligibility of either party to the subject de facto relationship 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 subject de facto relationship 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) 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 subject de facto relationship 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