Section 63 — Family Proceedings Act 1980: Maintenance during marriage or civil union

63 Maintenance during marriage or civil union (1) During a marriage or civil union, each party is liable to maintain the other party to the extent that such maintenance is necessary to meet the reasonable needs of the other party, where the other party cannot practicably meet the whole or any part of those needs because of any 1 or more of the circumstances specified in subsection (2) . (2) The circumstances referred to in subsection (1) are as follows: (a) the ability of the parties to be or to become self-supporting, having regard to— (i) the effects of the division of functions within the marriage or civil union while the parties are living together or lived together: (ii) the likely earning capacity of each party: (iii) any other relevant circumstances: (b) the responsibilities of each party for the ongoing daily care of any minor or dependent children of the marriage or civil union after the parties ceased to live together: (c) the standard of living of the parties while they are living together or lived together: (d) any physical or mental disability: (e) any inability of a party to obtain work that— (i) it is reasonable in all the circumstances for that party to do; and (ii) is adequate to provide for that party: (f) the undertaking by a party of a reasonable period of education or training designed to increase that party's earning capacity or to reduce or eliminate that party's need for maintenance from the other party, where it would be unfair, in all the circumstances, for the reasonable needs of the party undertaking that education or training to be met immediately by that party— (i) because of the effects of any of the matters set out in paragraphs (a)(i) and (b) on the potential earning capacity of that party; or (ii) because that party has previously maintained or contributed to the maintenance of the other party during a period of education or training. (3) Except as provided in this section, neither party to a marriage or civil union is liable to maintain the other party during the marriage or civil union. Compare: 1968 No 62 ss 27, 30, 31, 32 Sections 63 to 66 were substituted, as from 1 February 2002, by section 8 Family Proceedings Amendment Act 2001 (2001 No 7). The heading to section 63 was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” . Section 63 was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” wherever it appears.