Section 17: Exercise of powers on orders
consolidated text (as at 2011). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
17. Exercise of powers on orders
In the exercise of its powers under sections 13 and 16, the Court shall
have regard to all the circumstances of the case, and in particular the following matters, where appropriate—
(a) the income, earning capacity, property and other financial resources which each of the parties has or is likely to have in the
foreseeable future;
(b) the financial needs, obligations and responsibilities of each party,
as well as those of the children;
(c) the responsibilities of either party to support any other person;
(d) the age of the parties and that of any child;
(e) any physical or mental disability of either of the parties and of
any child;
(f) the standard of living enjoyed by the family before the dissolution of the marriage;
(g) the value to either of the parties of any present or future benefit
which, by reason of the dissolution of the marriage, that party
will lose;
(h) the eligibility of either party for a pension, allowance or benefit
under any enactment or under any superannuation fund or
scheme;
D17 – 7 [Issue 3]
Divorce and Judicial Separation Act
(i) the manner in which any child was or in which the parties expected him to be educated or brought up;
(j) the financial position in which any child would have been if the
marriage had not broken down and each of the parties had properly discharged his or her financial obligations and responsibilities
towards him;
(k) the duration of the marriage and the extent to which it has affected the earning capacity of the party whose maintenance is
under consideration;
(l) the need to protect the position of a woman who wishes to continue her role as a wife and mother.
Ask juris about this section Official source
Questions this section answers
- What factors does the court consider when deciding maintenance and property orders in a divorce?