Section 75(2) Factors
Description: This section details how the court takes account of the parties future needs and spousal maintenance factors when determining whether an adjustment should be made to the parties’ respective contribution-based entitlement.
Effect of a Proposed Order upon the Earning Capacity of either Party: ss 79(4)(d) and 90SM(4)(d)
Certain property orders may affect the earning capacity of either party. This may occur where a proposed order requires the sale of an income producing asset – e.g. the sale of a business, professional practice or a farm. In these in these circumstances, the court will generally order the sale of such assets only if failing to do so would deprive a party of their lawful entitlement under s 79 of the FLA.
Spousal Maintenance Considerations: ss 79(4)(e) and 90SM(4)(e)
Sections 79(4)(e) and 90SM(4)(e) requires the court to take account of the factors relevant to determining an application for spousal maintenance, so far as those factors are relevant. In other words, these sections essential empower a court to make an adjustment to the parties respective entitlements based on their future economic circumstances. The result is that the party with poorer financial prospects will receive a favourable adjustment to their contribution-based entitlement.
Effect of any Other Order: ss 79(4)(f) and 90SM(4)(f)
Sections 79(4)(f) and 90SM(4)(f) require the court to consider the effect of any other order under the FLA affecting a party or a child of the marriage. Their purpose is to ensure that the court takes account of any order made – or proposed to be made – under the FLA in deciding which orders to make, if any, under s 79(1). The types of order that are usually considered in connection with these sections are parenting orders, orders for spousal maintenance and child maintenance orders.
Provision of Child Support: ss 79(4)(g) and 90SM(4)(g)
These sections require the court to consider any child support liabilities, as well as any future child support liabilities. The weight accorded to a child support assessment will vary from case to case.