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Select Committee on Legislation and Security debate -
Wednesday, 18 May 1994

SECTION 8.

I move amendment No. 23:

In page 10, subsection (1), line 8, after "thereafter" to insert "during the lifetime of both the spouses concerned".

Amendment agreed to.

I move amendment No. 24:

In page 10, subsection (1), line 9, to delete "concerned".

Amendment agreed to.

I move amendment No. 25:

In page 10, between lines 39 and 40, to insert the following subsection:

"(5) Spouses may agree to settle matters in relation to property adjustment by Deed of Separation which will constitute a full and final settlement of all such issues between them.".

It has been brought to my attention that there is some concern about the open ended nature of the section. We discussed this during the briefing we were given, but I wish to press the amendment because there is concern among people who want to finally resolve their problems. They feel they cannot do so and that their spouse can endlessly apply, for instance, for property adjustment orders. This is an effort to allow those people to arrive at a final settlement by deed of separation. I accept the court can decide, but at the same time it could be up to those concerned to arrive at a full and final settlement rather than have it open ended. I await the Minister's comments.

This amendment purports to give spouses who separate the right to agree on the distribution of property between them. Spouses already have this right and consequently I cannot see the need for this amendment and am opposing it.

Amendment, by leave, withdrawn.
Section 8, as amended, agreed to.
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