income, and the impact on the relationship of time out of the workforce. Under the Family Law Act, a court has the power to "split" superannuation from one spouse to another. A court can make orders for property settlement or spousal maintenance after the death of a party, but only if proceedings were commenced prior to the death of that party. The court may decline to make any orders, leaving the legal and equitable interests of the parties as they were. Spousal Maintenance Parties to a marriage or a de facto relationship have the right to apply for spousal maintenance from the other party. The party making an application must demonstrate: his or her need for spousal maintenance, and that the other party has the capacity to pay spousal maintenance. If made, an order for spousal maintenance is usually for a limited period to allow a party to retrain, return to the workforce or care for young children. Binding Financial Agreements Under Part VIIIA of the Family Law Act (for de facto couples: Division 4 of Part VIIIAB), parties may opt-out of the ability of the court to make orders in respect of property settlement or spousal maintenance by use of a valid Binding Financial Agreement. The effect of a valid Binding Financial Agreement is to prevent a Court making orders under Part VIII of the Family Law Act (or the corresponding de facto provisions), meaning that property will be divided and/or spousal maintenance will be dealt with in accordance with the provisions of the agreement. A Binding Financial Agreement can only be valid if both parties have received independent legal advice before the agreement was signed. However, a recent Canstar study found that only 6% of Australian Couples have a Binding Financial Agreement in place, meaning over 90% of Australian couples once separated are still required to divide wealth according to what the family law act sees as "just and equitable". A Binding Financial Agreement that attempts to limit a person's ability to claim for spousal maintenance will be invalid if the party was unable to support himself or herself without a pension when the agreement came into effect. A Binding Financial Agreement may be set aside in limited circumstances. Other actions abolished Since 1975, the actions for criminal conversation, damages for adultery and enticement of a party to a marriage have been abolished. Claims for damages for breach