New South Wales Consolidated Acts

MATRIMONIAL CAUSES ACT 1899 - SECT 40

40 Specific powers of Court

(1) The Court, in exercising its powers under this Part of this Act, may:

(a) order that a gross sum or a weekly, fortnightly, monthly or other periodic sum be paid or secured and order that any security is to be in addition to or wholly or partly in substitution for a periodic payment,

(b) order that any necessary deed or instrument be executed and that such documents of title be produced or such other things be done as are necessary to enable an order to be effectively carried out or to provide security for the due performance of an order,

(c) settle and approve any deed or instrument so ordered to be executed,

(d) order that payments be made direct to a party to the marriage, to a trustee to be appointed or to any public authority for the benefit of a party to the marriage,

(e) order that payments of maintenance in respect of a child be made to such person as the Court may specify,

(f) make a permanent order, an order pending the disposal of the proceedings or an order for a fixed term, for a life or during joint lives,

(g) impose terms and conditions,

(h) discharge an order if the party in whose favour the order is made marries again or if there is any other just cause for so doing,

(i) modify an order under this Part or suspend its operation wholly or in part and either until further order or until a fixed time or the happening of some future event,

(j) revive an order wholly or in part,

(k) increase or decrease the amount payable under an order other than an order pursuant to which a gross or periodic sum is secured,

(l) sanction an agreement for the acceptance of a gross sum or periodic sums in lieu of rights under this Part,

(m) deal with any two or more matters mentioned in this subsection in the same order,

(n) include its order under this Part in a decree nisi, decree absolute, or final decree, or make any order under this Part on, or at any time before or after, the pronouncement of any such decree.

(2) Notwithstanding anything contained in this Part:

(a) where no alimony was payable:

(i) in a case of restitution of conjugal rights, immediately before the expiration of the time limited by the Court for compliance with the decree in the proceedings, or

(ii) in any other case, immediately before the pronouncement of the decree absolute or final decree in the proceedings, or

(b) where alimony was so payable but the order therefor was not continued in force by virtue of the operation of subsection two, three or four of section thirty-nine of this Act,

the Court shall not make an order for permanent alimony in respect of the proceedings unless application therefor was or is made before, on, or, having regard to all the circumstances of the case, within a reasonable time after, the pronouncement of the decree absolute or final decree.

(3) The Court may exercise the powers conferred by this Part in relation to an order for alimony or maintenance made before the commencement of the Matrimonial Causes (Amendment) Act 1958 , as well as in relation to an order for alimony or maintenance made after that commencement.