1, F2S. The regulations may provide for evidence of any material matter to be given on affidavit at the hearing of—. (d) make such other orders as the court considers necessary to enforce compliance with this section. 3(2)(a), F4Words in s. 1(1)(d) substituted (1.10.2014) by Inheritance and Trustees' Powers Act 2014 (c. 16), s. 12(2), Sch. Provisions as to personal representatives. (1)Where a deceased person was immediately before his death beneficially entitled to a joint tenancy of any property, then, if F26... an application is made for an order under section 2 of this Act, the court for the purpose of facilitating the making of financial provision for the applicant under this Act may order that the deceased’s severable share of that property F27... shall, to such extent as appears to the court to be just in all the circumstances of the case, be treated for the purposes of this Act as part of the net estate of the deceased. (b) recognition would manifestly be contrary to public policy. (1) Where it appears to a court in which a matrimonial cause (including a matrimonial cause instituted before the commencement of this Act) is pending that a matrimonial cause (including a matrimonial cause instituted before the commencement of this Act) in respect of the same marriage or void marriage is pending in another court, the first-mentioned court may stay the proceedings in that court for such time as it thinks fit or may dismiss the proceedings. (8) For the purposes of the preceding provisions of this section but without limiting the operation of those provisions, a dissolution or annulment of a marriage shall be deemed to have been effected in accordance with the law of an overseas country if it was effected in another overseas country in circumstances in which, at the relevant date, it would have been recognized as valid by the law of the first-mentioned overseas country. (1) A person aggrieved by the decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under this Act may, within such time as is prescribed, appeal to the Family Court or to the Supreme Court of that State or Territory. 66. Sittings of the Court shall be held from time to time as required at the places at which the Registries of the Court are established, but the Court may sit at any place in Australia. (5) Sub-section (4) does not prejudice the power of a court to punish a person for contempt of court. (1) The parties to a marriage may be held to have separated notwithstanding that the cohabitation was brought to an end by the action or conduct of one only of the parties. (c) discharge the order if there is any just cause for so doing; (d) suspend its operation wholly or in part and either until further order or until a fixed time or the happening of some future event; (e) revive wholly or in part an order suspended under paragraph (d); or. The concept of custody gave much wider decision making powers to the parent with whom children lived, than either the concept of 'residence' or 'live with'. 2005/3175, art. provide for the making out of any relevant property of such periodical payments and for such term as may be specified in the order to any person who has applied, or would but for section 4 of this Act be entitled to apply, for an order under section 2 of this Act (whether or not, in the case of any application, an order was made in favour of the applicant); provide for the payment out of any relevant property of a lump sum of such amount as may be so specified to the original recipient or to any such person as is mentioned in paragraph (a) above; provide for the transfer of the relevant property, or such part thereof as may be so specified, to the original recipient or to any such person as is so mentioned. If there is a dispute about parenting matters and the case is placed before a court, then the Court must apply a presumption that it is in the best interests of children that their parents have equal shared parental responsibility for the children. (2) In the proceedings under this Act, the parties to a marriage are competent and compellable to disclose communications made between them during the marriage. (c) any decree may be made upon any such appeal, new trial or rehearing, and, if a decree so made is a decree, (7) Where, in any proceedings constituting a matrimonial cause, a decree, (1) Subject to sub-section (3), a court shall not make an order under Part VII or Part VIII for the maintenance, custody or guardianship of—. and any such property as is mentioned in paragraph (a) or (b) above is in subsections (2) and (5) above referred to as “relevant property”. [6] If the decision is made to not allocate equal time in such circumstances, then the Court is required to consider allocating 'substantial and significant' time instead.[7]. (1)Where, within twelve months from the date on which a decree of divorce or nullity of marriage has been made absolute or a decree of judicial separation has been granted, a party to the marriage dies and—, (a)an application for a financial provision order under section 23 of the M1Matrimonial Causes Act 1973 or a property adjustment order under section 24 of that Act has not been made by the other party to that marriage, or. (b)any appointment of property made, otherwise than by will, in the exercise of a special power of appointment. 2005/3175, art. 73. 82. Couples no longer needed to show grounds for divorce, but instead, just that their relationship had suffered an irreconcilable breakdown. Rights of guardianship and custody of children. (4)Without prejudice to the provisions of section 38 of the M7Interpretation Act 1889 (which relates to the effect of repeals) nothing in any repeal made by this Act shall affect any order made or direction given under any enactment repealed by this Act, and, subject to the provisions of this Act, every such order or direction (other than an order made under section 4A of the M8Inheritance Family Provision Act 1938 or section 28A of the M9Matrimonial Causes Act 1965) shall, if it is in force at the commencement of this Act or is made by virtue of subsection (3) above, continue in force as if it had been made under section 2(1)(a) of this Act, and for the purposes of section 6(7) of this Act the court in exercising its powers under that section in relation to an order continued in force by this subsection shall be required to have regard to any change in any of the circumstances to which the court would have been required to have regard when making that order if the order had been made with reference to the death of any person who died after the commencement of this Act.
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