Tasmanian Consolidated Acts

RELATIONSHIPS ACT 2003 - SECT 47

      (1) On an application by a partner for an order for maintenance, a court may make the order if satisfied that the applicant is unable to support himself or herself adequately because –

(a) the partner's earning capacity has been adversely affected by the circumstances of the personal relationship; or

(b) of any other reason arising in whole or in part from the circumstances of the personal relationship.

      (2) In determining whether to make the order and in fixing any amount to be paid under the order, a court is to have regard to the following:

(a) the income, property and financial resources of each partner (including the rate of any pension, allowance or benefit paid, payable or entitled to be paid to either partner) and the physical and mental capacity of each partner for appropriate gainful employment;

(b) the financial needs and obligations of each partner;

(c) the responsibilities of either partner to support any other person;

(d) the terms of any order made or proposed to be made under section 40;

(e) any payments provided for the maintenance of a child in the care and control of either partner;

(f) whether either partner has the care and control of a child of the partner who is under 18;

(g) the age and state of health of each partner;

(h) the standard of living that is reasonable for each partner in all the circumstances;

(i) the extent to which the payment of maintenance to the partner whose maintenance is under consideration would increase the earning capacity of the partner by enabling the partner –

(i) to undertake a course of education or training; or

(ii) to establish a business; or

(iii) otherwise to obtain adequate income;

(j) the extent to which the partner whose maintenance is under consideration has contributed to the income, earning capacity, property and financial resources of the other partner;

(k) the length of the personal relationship;

(l) the extent to which the personal relationship has affected the earning capacity of the partner whose maintenance is under consideration;

(m) any other fact or circumstances the court considers relevant.

      (3) In making an order for maintenance, a court is to disregard any entitlement of the person whose maintenance is under consideration to an income-tested pension, allowance or benefit.

      (4) If, before an application is determined, either party to the application dies, the application abates.