Orders for transfer and settlement of properly and for variation of settlements In cases of divorce, etc. 1970 c. 45, *. 4.
(2) The orders referred to in subsection (1) are- (a) an order that a party to the marriage shall make to such person as may be specified in the order for the benefit of a child of the family, or to such a child, such periodical payments and for such term as may be so specified:
(b) an order that a party to the marriage shall secure to such person as may be so specified for the benefit of such a child, or to such a child, to the satisfaction of the court, such periodical payments and for such term as may be so specified;
(c) an order that a party to the marriage shall pay to such person as may be so specified for the benefit of such a child, or to such a child, such lump sum as may be so specified.
(3) Without prejudice to the generality of subsection (2)(c). an order under this section for the payment of a lump sum to any person for the benefit of a child of the family, or to such a child, may be made for the purpose of enabling any liabilities or expenses reasonably incurred by or for the benefit of that child before the making of an application for an order under this section Lo be met.
(4) An order under this section for the payment of a lump sum may provide for the payment of that sum by instalments of such amount as may be specified in the order and may require the payment of the instalments to be secured to the satisfaction of the court.
(5) While the court has power to make an order in any pro- ceedings by virtue of subsection (1KG), it may exercise that power from time to time; and where the court makes an order by virtue of subsection (1X5) in relation to a child it may from time to time make a further order under this section in relation to him.
6. On granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation, or at any time there- after (whether, in the case of a decree of divorce or of nullity of marriage. before or after the decree is made absolute), the coun away, subject to the provisions of sections 10 and 25(1)), make any one or more of the following orders that is to say-
(a) an order that a party to the marriage sball transfer to the other party, to any child of the family or to such
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person as may be specified in the order for the benefit of such a child such property as may be so specified, being property to which the first-mentioned party is entitled, either in possession or reversion;
(b) an order that a settlement of such property as may be so specified, being property to which a party to the marriage is so entitled, be made to the satisfaction of the court for the benefit of the other party to the marriage and of the children of the family or either or any of them;
(c) an order varying for the benefit of the parties to the marriage and of the children of the family or either or any of them any ante-nuptial or post-nuptial settlement (including such a settlement made by will or codicil) made on the parties to the marriage;
(d) an order extinguishing or reducing the interests of either of the parties to the marriage under any such settlement:
and the court may make an order under paragraph (c) notwith- standing that there are no children of the family.
7.
(1) It shall be the duty of the court in deciding whether to exercise its powers under section 4 or 6 in relation to a party to the marriage and, if so, in what manner, to have regard to the conduct of the parties and all the circumstances of the case includ- ing the following matters, that is to say-
(a) the income, earning capacity, property and other finan- cial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;
(b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
(c) the standard of living enjoyed by the family before the
breakdown of the marriage;
(d) the age of each party to the marriage and the duration
of the marriage:
(e) any physical or mental disability of either of the parties
to the marriage:
Matters to which courl
is to have regard in deciding what orders to make under sections 4. $ and 6. 1970 2. 43. 1. $.