Judicial Separation and Family Law Reform Act 1989

Amendment of sections 5 and 6 of Family Law (Maintenance of Spouses and Children) Act, 1976.

38

38.—(1) In this section “the Act of 1976” means the Family Law (Maintenance of Spouses and Children) Act, 1976.

(2) Section 5 of the Act of 1976 is hereby amended—

(a) by the insertion in subsection (2) after “the other spouse” of the following:

“unless, having regard to all the circumstances (including the conduct of the other spouse), the Court is of opinion that it would be repugnant to justice not to make a maintenance order”,

(b) by the deletion of subsection (3), and

(c) by the insertion of the following paragraph after paragraph (b) of subsection (4):

“(c) the conduct of each of the spouses, if that conduct is such that in the opinion of the Court it would in all the circumstances be repugnant to justice to disregard it.”.

(3) Section 6 of the Act of 1976 is hereby amended—

(a) by the insertion in paragraph (b) of subsection (1), after “any circumstances not existing when the order was made”, of the following:

“(including the conduct of each of the spouses, if that conduct is such that in the opinion of the Court it would in all the circumstances be repugnant to justice to disregard it)”,

(b) by the insertion in subsection (2), after “and continues to desert the maintenance debtor”, of the following:

“unless, having regard to all the circumstances (including the conduct of the other spouse), the Court is of opinion that it would be repugnant to justice to do so.”,

(c) by the deletion of subsection (4), and

(d) by the deletion of or adultery by” in subsection (5) and the substitution of “by, or conduct of,”.