Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:1_24:p2
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 1 cl 24 (pt 2/3)
Character Range: 14310–16840

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 to the marriage has contributed to the income, earning capacity, property and financial resources of the other party;
 (o) the duration of the marriage and the extent to which it has affected the earning capacity of each party to the marriage;
 (p) the need to protect a party to the marriage who wishes to continue that party's role as a parent;
 (q) if either party to the marriage is cohabiting with another person—the financial circumstances relating to the cohabitation;
 (r) the terms of any order or declaration made, or proposed to be made, under Part VIIIAB in relation to:
 (i) a party to the marriage; or
 (ii) a person who is a party to a de facto relationship with a party to the marriage; or
 (iii) the property of a person covered by subparagraph (i) and of a person covered by subparagraph (ii), or of either of them; or
 (iv) vested bankruptcy property in relation to a person covered by subparagraph (i) or (ii);
 (s) any child support under the Child Support (Assessment) Act 1989 that a party to the marriage is to provide, or might be liable to provide in the future, for a child of the marriage;
 (t) the terms of any financial agreement that is binding on the parties to the marriage;
 (u) the terms of any Part VIIIAB financial agreement that is binding on a party to the marriage;
 (v) any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account.

Considerations relating to companion animals
 (6) In property settlement proceedings, so far as they are with respect to property that is a companion animal, the court may make an order (including a consent order or an interim order):
 (a) that only one party to the marriage, or only one person who has been joined as a party to the proceedings, is to have ownership of the companion animal; or
 (ab) that the companion animal be transferred to another person who has consented to the transfer; or
 (b) that the companion animal be sold.
The court may not make any other kind of order under this section with respect to the ownership of the companion animal.
Note: For companion animal, see subsection 4(1).
 (7) In considering what order (if any) should be made under this section with respect to the ownership of property that is a companion animal, the court is to take into