Section 70A — Family Proceedings Act 1980: Effect of entering into new marriage or civil union or de facto relationship

70A Effect of entering into new marriage or civil union or de facto relationship (1) The Court may not make an order in proceedings under section 70 — (a) in favour of a party who is seeking maintenance from a spouse or civil union partner to whom they were married, or with whom they were in a civil union, if that party has married or entered into a civil union with someone else or has entered into a de facto relationship with someone else: (b) in favour of a party who is seeking maintenance from a de facto partner with whom they were living in a de facto relationship, if that party has entered into a de facto relationship with someone else, or has married or entered into a civil union with someone else. (2) The orders specified in subsection (3) cease to have effect if,— (a) in the case of an order made in favour of a party against a spouse or civil union partner to whom they were married, or with whom they were in a civil union, that party has married or entered into a civil union with someone else or has entered into a de facto relationship with someone else: (b) in the case of an order made in favour of a party against a de facto partner with whom they were living in a de facto relationship, that party has entered into a de facto relationship with someone else, or has married or entered into a civil union with someone else. (3) The orders referred to in subsection (2) are as follows: (a) an order made under section 70 , other than an order referred to in section 69(1)(c) : (b) any order made under section 99 varying or extending an order to which paragraph (a) applies. (4) Subsection (2) is subject to any agreement by the parties to the contrary. Compare: 1963 No 71 s 40 Sections 70A and 70B were inserted, as from 1 February 2002, by section 9 Family Proceedings Amendment Act 2001 (2001 No 7). The heading to section 70A 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 ” . Subsection (1) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ or entered into a civil union with ” after the words “ has married ” in both places they appear. Subsection (1)(a) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union partner ” after the word “ spouse ” . Subsection (1)(a) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ , or with whom they were in a civil union, ” after the words “ were married ” . Subsection (2) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ or entered into a civil union with ” after the words “ has married ” in both places they appear. Subsection (2)(a) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union partner ” after the word “ spouse ” . Subsection (2)(a) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ , or with whom they were in a civil union, ” after the words “ were married ” .