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Wednesday, 27 November 1974
Page: 2875


Senator MARTIN (Queensland) - I wish to speak briefly to the point that Senator Milliner has made. I think his is a very important point. One of the major criticisms that has been made by opponents of the Bill is that it will force divorce on those who do not want it. While I am not opposed to the notion of somebody taking divorce proceedings against the will of somebody else, 1 do very much object to the position where people are forced to take proceedings when it is against the will of both. I can well envisage a situation in which, in the interests of justice and in order to settle a matter of marital property- this is the matter at which we have been looking- a person may be forced to take proceedings. But for very genuine religious reasons or some other reason that person may just feel quite prohibited personally from actually instituting divorce proceedings. I think acceptance of the Bill in the minds of a lot of people would depend on that notion, namely, whether we force people into divorce courts against their will simply to bring about a fair settlement of marital property. For that reason 1 support the amendment that Senator Missen has moved.

Amendment agreed to.

Amendment ( by Senator Murphy) agreed to:

In sub-clause (4), leave out paragraphs (a) and (b) and insert the following paragraphs:

(a)   the financial contribution made directly or indirectly by or on behalf of a party or a child to the acquisition, conservation or improvement of the property, or otherwise in relation to the property;

(b)   the contribution made directly or indirectly to the acquisition, conservation or improvement of the property by cither party, including any contribution made in the capacity of homemaker or parent; '

Clause, as amended, agreed to.

Clauses 59 and 60- by leave- taken together, and agreed to.

Clause 6 1 .

(4)   An order with respect to the maintenance of a party to a marriage or a child of a marriage ceases to have effect upon the re-marriage ofthe party or the marriage of the child.

(5)   Nothing in this section affects the recovery of arrears due under an order at the time when the order ceased to have effect.

Amendment (by Senator Murphy) agreed to:

Leave out sub-clause (4) and insert the following sub-clauses:

(4)   An order with respect to the maintenance of a party to a marriage ceases to have effect upon the re-marriage ofthe party. (4a) An order with respect to the maintenance of a child of a marriage ceases to have effect upon the adoption or marriage of the child. (4b) Where a re-marriage referred to in sub-section (4) or a marriage referred to in sub-section (4a) takes place, it is the duty of the person for whose benefit the order was made to inform without delay the person liable to make payments under the order of the date ofthe re-marriage or marriage. (4c) Any moneys paid in respect of a period after the event referred to in sub-section (4) or (4a) may be recovered in a court having jurisdiction under this Act. '.







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