Family Law Act 1975
Sections and provisions with full text and the judgments that cite each one.
Section 78 — Declaration of interests in property
(1) In proceedings between the parties to a marriage with respect to existing title or rights in respect of property, the court may declare the title or rights, if any, that a party has in respect of…
Section 79 — Alteration of property interests
Orders in property settlement proceedings (1) In property settlement proceedings, the court may, subject to subsection (6), make such order as it considers appropriate: (a) in the case of proceedings…
Section 79A — Setting aside of orders altering property interests
(1) Where, on application by a person affected by an order made by a court under section 79 in property settlement proceedings, the court is satisfied that: (a) there has been a miscarriage of…
Section 79AA — Other matters in relation to alteration of property interests
(1) The court must 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. Enforcement of order after death of party…
Section 79B — Notification of proceeds of crime orders etc.
(1) If: (a) a person makes an application for an order, under this Part, with respect to: (i) the property of the parties to a marriage or either of them; or (ii) the maintenance of a party to a…
Section 79C — Court to stay property or spousal maintenance proceedings affected by proceeds of crime orders etc.
(1) A court in which property settlement or spousal maintenance proceedings are pending must stay those proceedings if notified under section 79B in relation to the proceedings. (1A) The court may,…
Section 79D — Lifting a stay
(1) A court that stayed the property settlement or spousal maintenance proceedings under section 79C must wholly or partially lift the stay if: (a) either party to the proceedings makes an…
Section 79E — Intervention by proceeds of crime authority
(1) The proceeds of crime authority may intervene in any property settlement or spousal maintenance proceedings in relation to which a court is notified under section 79B, or in any proceedings under…
Section 79F — Notifying third parties about application
The applicable Rules of Court may specify the circumstances in which a person who: (a) applies for an order under this Part; or (b) is a party to proceedings for an order under this Part; is to give…
Section 79G — Notifying bankruptcy trustee etc. about application under section 74, 78, 79 or 79A
(1) The applicable Rules of Court may make provision for a bankrupt who becomes a party to a proceeding for an application under section 74, 78, 79 or 79A to give notice of the application to the…
Section 79H — Notifying court about bankruptcy etc.
Bankruptcy (1) The applicable Rules of Court may make provision for a person who: (a) is a party to a marriage; and (b) is a party to a proceeding for an application under section 74, 78, 79 or 79A;…
Section 79J — Notifying non-bankrupt spouse about application under section 139A of the Bankruptcy Act 1966
The applicable Rules of Court may make provision for a person who: (a) is the bankruptcy trustee of a bankrupt party to a marriage; and (b) applies under section 139A of the Bankruptcy Act 1966 for…
Section 80 — General powers of court
(1) The court, in exercising its powers under this Part, may do any or all of the following: (a) order payment of a lump sum, whether in one amount or by instalments; (b) order payment of a weekly,…
Section 81 — Duty of court to end financial relations
In proceedings under this Part, other than proceedings under section 78 or proceedings with respect to maintenance payable during the subsistence of a marriage, the court shall, as far as…
Section 82 — Cessation of spousal maintenance orders
(1) An order with respect to the maintenance of a party to a marriage ceases to have effect upon the death of the party. (2) Subject to subsection (3), an order with respect to the maintenance of a…
Section 83 — Modification of spousal maintenance orders
(1) If there is in force an order (whether made before or after the commencement of this Act) with respect to the maintenance of a party to a marriage: (a) made by the court; or (b) made by another…
Section 85A — Ante-nuptial and post-nuptial settlements
(1) The court may, in proceedings under this Act, make such order as the court considers just and equitable with respect to the application, for the benefit of all or any of the parties to, and the…
Section 86 — Registered maintenance agreements
(1) A maintenance agreement other than an agreement to which section 87 applies may be registered, as prescribed by the applicable Rules of Court, in any court having jurisdiction under this Act.…
Section 86A — Certain maintenance agreements ineffective
A maintenance agreement made after the commencement of this section that is not a financial agreement does not have any effect and is not enforceable in any way.
Section 87 — Operation of maintenance agreements entered into in substitution for rights under Act
(1) Subject to this section, a maintenance agreement may make provision to the effect that the agreement shall operate, in relation to the financial matters dealt within the agreement, in…
Section 87A — Specification in maintenance agreements of payments etc. for maintenance purposes
(1) Where: (a) a maintenance agreement (whether or not registered under section 86 or approved under section 87) has the effect of requiring: (i) payment of a lump sum, whether in one amount or by…
Section 88 — Enforcement of maintenance agreements
(1) A maintenance agreement that has been registered, or is deemed to have been registered, in a court may be enforced as if it were an order of that court. (2) Subsection (1) does not apply in…
Section 89 — Overseas maintenance agreements
The regulations may make provision for and in relation to: (a) the application of sections 86 and 87, with such additions, exceptions and modifications as are prescribed, to overseas maintenance…
Section 89A — Institution of spousal maintenance proceedings by authority or person
The regulations may make provision for and in relation to the authorising of a prescribed authority of the Commonwealth, of a State or of a Territory, or the person for the time being holding a…
Section 90 — Certain instruments not liable to duty
(1) The following agreements, deeds and other instruments are not subject to any duty or charge under any law of a State or Territory or any law of the Commonwealth that applies only to or in…
Section 90A — Definitions
In this Part: dealt with includes the meaning given by subsection 90F(2). marriage includes a void marriage.
Section 90AA — Object of this Part
The object of this Part is to allow the court, in relation to the property of a party to a marriage, to: (a) make an order under section 79 or 114; or (b) grant an injunction under section 114; that…
Section 90ACA — This Part not to apply to certain annuities
The powers of the court under this Part do not apply to superannuation annuities (within the meaning of the Income Tax Assessment Act 1997).
Section 90ADA — Other provisions of this Act not affected by this Part
This Part does not affect the operation of any other provision of this Act. Example: Paragraph 90AE(3)(e) and subsection 90AE(4) do not limit the operation of any other provisions of this Act that…
Section 90DA — Need for separation declaration for certain provisions of financial agreement to take effect
(1) A financial agreement that is binding on the parties to the agreement, to the extent to which it deals with how, in the event of the breakdown of the marriage, all or any of the property or…
Section 90KA — Validity, enforceability and effect of financial agreements and termination agreements
The question whether a financial agreement or a termination agreement is valid, enforceable or effective is to be determined by the court according to the principles of law and equity that are…
Section 90RA — Participating jurisdictions
Participating jurisdictions (1) For the purposes of this Act, the following are the participating jurisdictions: (a) each referring State; (b) each Territory. Referring States (2) A State is a…
Section 90SA — This Division does not apply to certain matters covered by binding financial agreements
(1) This Division does not apply to any of the following matters to which a Part VIIIAB financial agreement that is binding on the parties to the agreement applies: (a) the maintenance of one of the…
Section 90SMA — Other matters in relation to alteration of property interests
(1) The court must 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. Enforcement of order after death of party…
Section 90TA — Orders and injunctions binding third parties
(1) In addition to the effect Part VIIIAA has apart from this section, that Part also has effect in relation to: (a) orders and injunctions under Division 2; and (b) proceedings for orders or…
Section 90UA — Geographical requirement for agreements made in participating jurisdictions
Two or more people can make a Part VIIIAB financial agreement under section 90UB, 90UC or 90UD only if the spouse parties are ordinarily resident in a participating jurisdiction when they make the…
Section 90VA — Notification of proceeds of crime orders etc.
(1) If: (a) a person makes an application for an order, under this Part, with respect to: (i) the property of the parties to a de facto relationship or either of them; or (ii) the maintenance of a…
Section 90WA — Certain instruments not liable to duty
(1) None of the following is subject to any duty or charge under any law of a State or Territory or any law of the Commonwealth that applies only in relation to a Territory: (a) a deed or other…
Section 90XA — Object of this Part
The object of this Part is to allow certain payments (splittable payments) in respect of a superannuation interest to be allocated between: (a) the parties to a marriage; or (b) the parties to a de…
Section 90XDA — Extended meaning of trustee
If a person who is not the trustee of an eligible superannuation plan nevertheless has the power to make payments to members of the plan, then references in this Part to the trustee of the plan…
Section 90XHA — Superannuation agreement to be included in Part VIIIAB financial agreement if about a de facto relationship
(1) A Part VIIIAB financial agreement may include an agreement that deals with superannuation interests of either or both of the spouse parties to the agreement as if those interests were property.…
Section 90XLA — Some splittable payments payable if payment flag operating
(1) This section applies if: (a) a superannuation interest (original interest) a person has in an eligible superannuation plan (old ESP) is identified in a superannuation agreement; and (b) a payment…
Section 90XUA — Some splittable payments may be made without leave of court
(1) A flagging order made under subsection 90XU(1) in relation to a superannuation interest (original interest) a person has in an eligible superannuation plan (old ESP) does not apply to a…
Section 90XZA — Waiver of rights under payment split
(1) If the non-member spouse serves a waiver notice on the trustee in respect of a payment split, then the following provisions apply for each splittable payment that becomes payable after the date…
Section 90YA — Object of this Part
The object of this Part is to allow certain payments (splittable payments) in respect of a superannuation interest to be allocated between de facto partners in a de facto relationship in Western…
Section 90YJA — Duty of disclosure
Duty of disclosure in proceedings (1) Each party to a proceeding under this Part (other than proceedings on appeal) has a duty to the court and to each other party to give full and frank disclosure,…
Section 90YZA — Some splittable payments may be made without leave of court
(1) A flagging order made under subsection 90YZ(1) in relation to a superannuation interest (original interest) a person has in an eligible superannuation plan (old ESP) does not apply to a…
Section 90AB — Definitions
In this Part: marriage includes a void marriage. third party, in relation to a marriage, means a person who is not a party to the marriage.
Section 90B — Financial agreements before marriage
(1) If: (a) people who are contemplating entering into a marriage with each other make a written agreement with respect to any of the matters mentioned in subsection (2); and (aa) at the time of the…
Section 90DB — Whether or when certain other provisions of financial agreements take effect
(1) A financial agreement that is binding on the parties to the agreement, to the extent to which it provides for a third party to contribute to the maintenance of a spouse party during the marriage,…