Bill No. 19 Marriage And Divorce Bill (j) financial misconduct or the wasting of assets; and 2009 (k) any other fact which, in the opinion of the court, requires consideration. (4) For the purpose of this section, a monetary contribution shall not be presumed to be of greater value than a non-monetary contribution. (5) The non-monetary contribution shall not be proved in monetary terms. 156. Property settlement (1) In a proceeding related to property, the court may make an order to alter the interest of either spouse in the property including an order— (a) for a settlement of property in substitution for an interest in the property; and (b) requiring either or both spouses to make, for the benefit of either or both spouses, settlement or transfer of property determined by the court. (2) The court shall not make an order under subsection (1), unless it is satisfied that it is just and equitable to do so. (3) Where the court makes an order under subsection (1), it shall have regard to— (a) the effect of the proposed order on the earning capacity of either spouse; and (b) any other order that has been made under this Act in respect of a spouse. 157. Court to set aside order (1) Where the court is satisfied on an application made by a person affected by an order, that the order was obtained by fraud, duress, the giving of false evidence or the suppression of evidence, the court may set aside the order and make another order. 65