Tuvalu Island Courts Bench Book - Federal Court of Australia

5.3 Variation
When there has been a change of circumstances, either party may apply for a variation order to
adjust property rights to reflect these changes: s15 Matrimonial Proceedings Act (Cap 21).
6 Maintenance
Maintenance can be sought for children and/or a spouse in 2 ways:
• as part of divorce proceedings under s13(3)(b)(iv) Matrimonial Proceedings Act (Cap
21); or
• by an application of a person who claims that another person has a legal or customary
obligation to do so under the Maintenance (Miscellaneous Provisions) Act (Cap 4).
6.1 Under Divorce Proceedings
This is sought as an order in the divorce petition.
The Court must consider the financial status of both parties. The financial means of both parties
should be given as either direct oral evidence or by affidavit, with the proper supporting
documents included in the affidavit.
A party may agree to pay a sum of money to support the spouse and children.
The Court must still assess whether an order for maintenance is reasonable in the circumstances.
The Court will make such an order if there is an agreement between the parties as to
maintenance. If there is no agreement, then the matter should be referred to the Magistrate’s
Court.
6.2 Maintenance (Miscellaneous Provisions) Act (Cap 4)
Any person may apply to the Court for a declaration that another person shall maintain that
person where there is a legal or customary obligation.
This includes a party to a marriage, and their children, an unmarried mother and her children, a
child, grandparent, or relative. Such a person must be neglected, that I, they must not be in
receipt of money from those who are responsible for their upkeep.
Tuvalu Island Courts Bench Book June 2004