Property (Relationships) Act 1976

1: Short Title and commencement
1: This Act may be cited as the Property (Relationships)
2: This Act shall come into force on 1 February 1977. Section 1(1) amended 1 February 2002 section 5(2) Property (Relationships) Amendment Act 2001
1: Outline of this Act
Part 1 inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001
1A: Purpose of this Part
This Part is intended—
a: to give a general indication of what this Act is about:
b: to indicate how this Act is arranged:
c: to assist readers to identify the provisions that are relevant to them. Section 1A inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001
1B: Status of this Part
This Part is intended only as a guide to the general scheme and effect of this Act. Section 1B inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001
1C: What this Act is about
1: This Act is mainly about how the property of married couples and civil union couples
2: This Act applies differently depending on the length of the marriage, civil union, or de facto relationship
a: in the case of marriages and civil unions and civil unions
b: in the case of de facto relationships, this Act usually applies only when the de facto partners have lived together for at least 3 years, but it may apply to shorter de facto relationships in certain circumstances.
3: In general, the couple's property is to be divided equally between the couple. Section 1C inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001 Section 1C(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 1C(2) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 1C(2)﻿(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
1D: How this Act is arranged
1: This Act is arranged in Parts, as follows:
a: Part 1—Outline of this Act:
b: Part 2
c: Part 3
d: Part 4
e: Part 5
f: Part 6
g: Part 7
h: Part 8 partner
i: Part 9
2: Sections 1E to 1L Section 1D inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001 Section 1D(1)﻿(h) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
1E: Part 2 (Preliminary provisions)
Part 2
a: sets out what various terms used in this Act mean:
b: provides that this Act does not apply to Maori land:
c: sets out how this Act applies to property located in New Zealand or overseas. Section 1E inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001
1F: Part 3 (Application of this Act)
1: Part 3
a: which provisions of this Act apply with respect to the division of relationship property while both spouses or partners
b: which provisions of this Act apply with respect to the division of relationship property when one spouse or partner
2: Part 3
a: sets out how this Act applies in various other circumstances (such as when one of the spouses or partners
b: sets out what happens if proceedings are commenced while both spouses or partners Section 1F inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001 Section 1F(1)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1F(1)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 1F(2)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1F(2)﻿(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
1G: Part 4 (Division of relationship property)
Part 4 spouses, civil union partners, and de facto partners
a: on what basis is the relationship property to be divided?
b: what happens if the spouses or partners
c: can the court do anything to redress any disparities between the income and living standards of the spouses or partners , civil union,
d: how are the different contributions of the spouses to the marriage , or of the partners to the civil union Section 1G inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001 Section 1G amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 1G(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1G(c) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1G(c) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 1G(d) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
1H: Part 5 (Relationship property and creditors)
Part 5 partners
a: what rights do secured and unsecured creditors have against the spouses or partners partners
b: to what extent is the share of one spouse or partner partner Section 1H inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001 Section 1H amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1H(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1H(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
1I: Part 6 (Contracting out)
Part 6 partners
a: does a property agreement between the spouses or partners
b: do the spouses or partners
c: can a court overrule a property agreement? Section 1I inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001 Section 1I amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1I(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1I(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
1J: Part 7 (Proceedings under this Act)
1: Part 7
a: deals with the various powers that a court can exercise in deciding how property is to be divided between spouses or partners
b: sets out the procedures that apply to court proceedings under this Act; and
c: deals with some general issues.
2: Part 7
a: what court do applications have to be made to?
b: who can apply for a court order dividing a couple's property?
c: is there any time limit on applying for a court order?
d: can a court order be obtained stopping a person from disposing of property?
e: what happens if the spouses or partners Section 1J inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001 Section 1J(1)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1J(2)﻿(e) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
1K: Part 8 (Division of property where one spouse or
partner Part 8 spouses , civil union partners,
a: what if the deceased spouse or partner
b: can the estate of the deceased spouse or partner partner
c: what is the effect on rights under other legislation that relates to claims to a deceased person's property (such as the Law Reform (Testamentary Promises) Act 1949 Family Protection Act 1955 Section 1K inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001 Section 1K heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 1K amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 1K amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 1K(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 1K(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
1L: Part 9 (Transitional provisions and savings)
Part 9
a: transitional provisions, dealing with matters like—
i: how this Act applies to marriages that took place before it came into force; and
ii: the effect of this Act on proceedings commenced under legislation in force before this Act came into force; and
b: savings provisions, dealing with matters such as the effect of this Act on matrimonial settlements made before this Act came into force. Section 1L inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001
2: Preliminary provisions
Part 2 heading inserted 1 February 2002 section 7 Property (Relationships) Amendment Act 2001 Purpose and principles Heading inserted 1 February 2002 section 7 Property (Relationships) Amendment Act 2001
1M: Purpose of this Act
The purpose of this Act is—
a: to reform the law relating to the property of married couples and civil union couples,
b: to recognise the equal contribution of both spouses of civil union partners to the civil union,
c: to provide for a just division of the relationship property between the spouses or partners or children of the civil union Section 1M inserted 1 February 2002 section 7 Property (Relationships) Amendment Act 2001 Section 1M(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 1M(b) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 1M(b) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 1M(c) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1M(c) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
1N: Principles
The following principles are to guide the achievement of the purpose of this Act:
a: the principle that men and women have equal status, and their equality should be maintained and enhanced:
b: the principle that all forms of contribution to the marriage partnership, civil union,
c: the principle that a just division of relationship property has regard to the economic advantages or disadvantages to the spouses or partners , civil union, , civil union,
d: the principle that questions arising under this Act about relationship property should be resolved as inexpensively, simply, and speedily as is consistent with justice. Section 1N inserted 1 February 2002 section 7 Property (Relationships) Amendment Act 2001 Section 1N(b) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 1N(c) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1N(c) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Interpretation Heading inserted 1 February 2002 section 7 Property (Relationships) Amendment Act 2001
2: Interpretation
In this Act, unless the context otherwise requires,— administration section 2 child of the civil union
a: means any child of both civil union partners; and
b: includes any other child (whether or not a child of either civil union partner) who was a member of the family of the civil union partners—
i: at the time when they ceased to live together; or
ii: at the time immediately before an application under this Act, if at that time they had not ceased to live together; or
iii: at the date of the death of one of the civil union partners child of the de facto relationship
a: means any child of both de facto partners; and
b: includes any other child (whether or not a child of either de facto partner) who was a member of the family of the de facto partners—
i: at the time when they ceased to live together; or
ii: at the time immediately before an application under this Act, if at that time they had not ceased to live together; or
iii: at the date of the death of one of the de facto partners child of the marriage
a: means any child of both spouses; and
b: includes any other child (whether or not a child of either spouse) who was a member of the family of the spouses—
i: at the time when they ceased to live together; or
ii: at the time immediately before an application under this Act, if at that time they had not ceased to live together; or
iii: at the date of the death of one of the spouses; and
c: if the marriage was immediately preceded by a de facto relationship or civil union or civil union Commonwealth country
a: means a country that is an independent sovereign member of the Commonwealth; and
b: includes every territory for whose international relations the Government of such a country is responsible; and
c: also includes the Republic of Ireland as if it were an independent sovereign member of the Commonwealth contribution section 18 court
a: the Family Court; or
b: if another court has jurisdiction in the proceedings, that court de facto partner section 2C de facto relationship section 2D distribution section 46 dwellinghouse section 122 family chattels
a: means chattels of the following kind that either or both of the spouses or partners
i: household furniture:
ii: household appliances, effects, or equipment:
iii: articles of household or family use or amenity or of household ornament, including tools, garden effects and equipment:
iv: motor vehicles, caravans, trailers, or boats, used wholly or principally, in each case, for family purposes:
v: accessories of a chattel to which subparagraph (iv) applies:
vi: household pets; and
b: includes any of the chattels mentioned in paragraph (a) that are in the possession of either or both spouses or partners
c: does not include—
i: chattels used wholly or principally for business purposes:
ii: money or securities for money:
iii: heirlooms:
iv: taonga family home
a: means the dwellinghouse that either or both of the spouses or partners
b: includes a joint family home homestead
a: means a family home where the dwellinghouse that comprises the family residence is situated on an unsubdivided part of land that is not used wholly or principally for the purposes of the household; but
b: does not include a family home that is occupied—
i: pursuant to a licence to occupy within the meaning of section 122
ii: because of the ownership of a specified share of any estate or interest in the land on which the dwellinghouse that comprises the family residence is situated and by reason of reciprocal agreements with the owners of the other shares; or
iii: in the case of a flat or town house that is part of a block of flats or town houses or is one of a number of flats or town houses situated on the same piece of land, under a lease or other arrangement that entitles the occupants of the flat or town house to exclusive possession of it joint family home Joint Family Homes Act 1964 lawyer
a: other than in Part 6 section 65 section 6
b: in Part 6 section 65
i: in the case of a document signed in New Zealand, means a lawyer (as defined in section 6
ii: in the case of a document signed in a Commonwealth country outside New Zealand, means a lawyer (as defined in section 6
iii: in the case of a document signed in a country that is not a Commonwealth country, means a lawyer (as defined in section 6 life insurance policy
a: means a policy of assurance taken out by one spouse or partner party A partner party B
i: the policy is for the benefit of party A or party B:
ii: the proceeds are payable on the death of the assured or on the occurrence of a specified event or otherwise; and
b: includes the proceeds of such a policy of assurance payable to a surviving spouse or partner partner
c: does not include either of the following kinds of policy, or the proceeds of a policy of either of those kinds:
i: a policy that was fully paid up at the time the marriage , civil union,
ii: a policy where a third person is beneficially entitled to the proceeds of the policy marriage section 2A option A option B section 61 owner partner spouse or partner personal debt section 20 proceedings sections 51 96 97(3) property
a: real property:
b: personal property:
c: any estate or interest in any real property or personal property:
d: any debt or any thing in action:
e: any other right or interest protected interest section 20B Registrar relationship debt section 20 relationship of short duration section 2E relationship property section 8 separate property section 9 small estate superannuation scheme entitlement
a: means any pension, benefit, or right to which either spouse or partner , civil union, , civil union,
b: if Part 8 partner partner voluntary agreement
a: made between spouses or partners who are parties to proceedings; and
b: providing for one spouse or partner to pay sums of money to the other spouse or partner for the maintenance of—
i: the other spouse or partner:
ii: a child of the marriage or child of the civil union or child of the de facto relationship. Section 2 replaced 1 February 2002 section 8 Property (Relationships) Amendment Act 2001 Section 2 child of the civil union inserted 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 2 child of the marriage amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 2 court replaced 1 March 2017 section 261 District Court Act 2016 Section 2 dwellinghouse amended 12 November 2018 section 250 Land Transfer Act 2017 Section 2 family chattels amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 2 family chattels amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 2 family home amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 2 homestead amended 12 November 2018 section 250 Land Transfer Act 2017 Section 2 lawyer replaced 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 2 life insurance policy amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 2 life insurance policy amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 2 life insurance policy amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 2 partner inserted 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 2 superannuation scheme entitlement amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 2 superannuation scheme entitlement amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 2 superannuation scheme entitlement amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 2 voluntary agreement replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
2A: Meaning of marriage
1: In this Act, marriage
a: is void; or
b: is ended while both spouses are alive by a legal process that occurs within or outside New Zealand; or
c: is ended by the death of one of the spouses, whether within or outside New Zealand;— and husband spouse wife
2: For the purposes of this Act, the marriage of 2 people
a: they cease to live together as a married couple
b: their marriage is dissolved; or
c: one of them dies. Section 2A inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001 Section 2A(2) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 2A(2)﻿(a) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013
2AB: Meaning of civil union
1: In this Act, civil union
a: is void; or
b: is ended while both civil union partners are alive by a legal process that occurs within New Zealand; or
c: is ended by the death of one of the civil union partners, whether within or outside New Zealand.
2: For the purposes of this Act, the civil union of 2 civil union partners ends if—
a: they cease to live together as civil union partners; or
b: their civil union is dissolved; or
c: one of them dies. Section 2AB inserted 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
2B: Marriage includes immediately preceding de facto relationship
For the purposes of this Act, if a marriage was immediately preceded by a de facto relationship between the 2 spouses ( A B Example of marriage including immediately preceding de facto relationship—
If the de facto relationship of A and B lasts 2 years, and their marriage lasts 2 years, their marriage must be treated as if it—
a: began 4 years ago; and
b: lasted 4 years. Section 2B inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001 Section 2B amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013
2BAA: Civil union includes immediately preceding de facto relationship
For the purposes of this Act, if a civil union was immediately preceded by a de facto relationship between the 2 civil union partners ( A B Example of civil union including immediately preceding de facto relationship
If the de facto relationship of A and B lasts 1 year, and their civil union lasts 2 years, the civil union must be treated as if it—
a: began 3 years ago; and
b: lasted 3 years. Section 2BAA inserted 18 May 2009 section 4 Property (Relationships) Amendment Act 2008
2BA: Immediately preceding marriage or civil union
For the purposes of this Act,—
a: if a marriage was immediately preceded by a civil union between the spouses
b: if a civil union was immediately preceded by a marriage between the civil union partners, the marriage must be treated as if it were part of the civil union. Section 2BA inserted 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 2BA(a) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013
2C: Meaning of de facto partner
For the purposes of this Act, a person is another person's de facto partner Section 2C inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001
2D: Meaning of de facto relationship
1: For the purposes of this Act, a de facto relationship (regardless of their sex, sexual orientation, or gender identity)
a: who are both aged 18 years or older; and
b: who live together as a couple; and
c: who are not married to , or in a civil union with,
2: In determining whether 2 persons live together as a couple, all the circumstances of the relationship are to be taken into account, including any of the following matters that are relevant in a particular case:
a: the duration of the relationship:
b: the nature and extent of common residence:
c: whether or not a sexual relationship exists:
d: the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties:
e: the ownership, use, and acquisition of property:
f: the degree of mutual commitment to a shared life:
g: the care and support of children:
h: the performance of household duties:
i: the reputation and public aspects of the relationship.
3: In determining whether 2 persons live together as a couple,—
a: no finding in respect of any of the matters stated in subsection (2), or in respect of any combination of them, is to be regarded as necessary; and
b: a court is entitled to have regard to such matters, and to attach such weight to any matter, as may seem appropriate to the court in the circumstances of the case.
4: For the purposes of this Act, a de facto relationship ends if—
a: the de facto partners cease to live together as a couple; or
b: one of the de facto partners dies. Property (Relationships) Act 1984 s 4(1)–(3) (NSW) Section 2D inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001 Section 2D(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2D(1)﻿(c) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
2E: Meaning of relationship of short duration
1: In this Act, relationship of short duration
a: in relation to a marriage or civil union, a marriage or civil union in which the spouses or partners have lived together in the marriage or civil union—
i: for a period of less than 3 years; or
ii: for a period of 3 years or longer, if the court, having regard to all the circumstances of the marriage or civil union, considers it just to treat the marriage or civil union as a relationship of short duration:
ab:
b: in relation to a de facto relationship, a de facto relationship in which the de facto partners have lived together as de facto partners—
i: for a period of less than 3 years; or
ii: for a period of 3 years or longer, if the court, having regard to all the circumstances of the de facto relationship, considers it just to treat the de facto relationship as a relationship of short duration.
2: For the purposes of paragraphs (a)﻿(i) a married couple , civil union partners, Section 2E inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001 Section 2E(1)﻿(a) replaced 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 2E(1)﻿(ab) repealed 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 2E(2) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 2E(2) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Dates at which shares and values determined Heading inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001
2F: Date at which shares to be determined
1: For the purposes of this Act, the share of a spouse or partner in the relationship property is to be determined as at the following date:
a: if the spouses' marriage, the civil union partners' civil union, or the de facto partners' de facto relationship has not ended, the date of the application to the court:
b: if the spouses' marriage, the civil union partners' civil union, or the de facto partners' de facto relationship has ended (other than by the death of one of the spouses or partners), the date on which their marriage, civil union, or de facto relationship ended.
2: In proceedings commenced after the death of one of the spouses or partners section 79
3: This section is subject to Part 6 Section 2F inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001 Section 2F(1) replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 2F(2) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
2G: Date at which value of property to be determined
1: For the purposes of this Act, the value of any property to which an application under this Act relates is to be determined as at the date of the hearing of that application by the court of first instance.
2: However, the court of first instance or, on an appeal the High Court, Court of Appeal, or Supreme Court
3: This section is subject to Part 6 Section 2G inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001 Section 2G(2) amended 1 January 2004 section 48(1) Supreme Court Act 2003 Determination of use to which property put Heading inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001
2H: Determination of use to which property put
1: This section applies where the classification of any property as relationship property or as any particular type of relationship property depends on the use to which it has been put.
2: Where this section applies, that classification is to be determined—
a: by the use to which it was put by the spouses or partners
b: if the marriage , civil union, partners , civil union,
3: In proceedings commenced after the death of one of the spouses or partners section 80 Section 2H inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001 Section 2H(2)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 2H(2)﻿(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 2H(2)﻿(b) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 2H(3) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Application Heading inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001
3: Act to bind Crown
This Act shall bind the Crown.
4: Act a code
1: This Act applies instead of the rules and presumptions of the common law and of equity to the extent that they apply—
a: to transactions between spouses or partners
b: in cases for which this Act provides, to transactions—
i: between both spouses or partners
ii: between either spouse or partner
2: Subsection (1) does not apply where this Act expressly provides to the contrary (such as in subsection (5)).
3: Without limiting the generality of subsection (1),—
a: the presumption of advancement does not apply between husband and wife:
b: the presumption of resulting trust does not apply between spouses , civil union partners,
c: the presumption that the use of a wife's income by her husband with her consent during the marriage is a gift does not apply between husband and wife.
4: Where, in proceedings that are not proceedings under this Act, any question relating to relationship property arises between spouses or partners
5: This section does not apply if the de facto partners have lived in a de facto relationship for less than 3 years.
6: However, if the court makes an order under section 25(1)﻿(a)
a: subsection (5) does not apply; and
b: the question must be decided as if it had been raised in proceedings under this Act. Section 4 replaced 1 February 2002 section 9 Property (Relationships) Amendment Act 2001 Section 4(1)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 4(1)﻿(b)﻿(i) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 4(1)﻿(b)﻿(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 4(3)﻿(b) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 4(3)﻿(b) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 4(4) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
4A: Other enactments to be read subject to this Act
Every enactment must be read subject to this Act, unless this Act or the other enactment expressly provides to the contrary. Section 4A inserted 1 February 2002 section 9 Property (Relationships) Amendment Act 2001
4B: Law relating to trustees preserved
1: Nothing in section 4 section 4A partner
2: For the purposes of this section, every enactment and every rule of law or of equity continues to operate and apply accordingly as if sections 4 4A Section 4B inserted 1 February 2002 section 9 Property (Relationships) Amendment Act 2001 Section 4B(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
4C: Application to existing and future de facto relationships
1: This Act applies to—
a: de facto relationships that began before 1 February 2002; and
b: de facto relationships that begin on or after 1 February 2002.
2: This Act does not apply to de facto relationships that ended before 1 February 2002. Section 4C inserted 1 February 2002 section 9 Property (Relationships) Amendment Act 2001
4D: Application to de facto relationships that end on separation or death
This Act applies to de facto relationships that end—
a: while both de facto partners are alive; or
b: when one of the de facto partners dies. Section 4D inserted 1 February 2002 section 9 Property (Relationships) Amendment Act 2001
5: Act to apply only during joint lifetime of spouses
Section 5 repealed 1 February 2002 section 10 Property (Relationships) Amendment Act 2001
6: Maori land not affected
Nothing in this Act shall apply in respect of any Maori land within the meaning of Te Ture Whenua Maori Act 1993 Section 6 amended 1 February 2002 section 11 Property (Relationships) Amendment Act 2001
7: Application to movable or immovable property
1: This Act applies to immovable property that is situated in New Zealand.
2: This Act applies to movable property that is situated in New Zealand or elsewhere, if one of the spouses or partners
a: at the date of an application made under this Act; or
b: at the date of any agreement between the spouses or partners
c: at the date of his or her death.
3: Despite subsection (2), if any order under this Act is sought against a person who is neither domiciled nor resident in New Zealand, the court may decline to make an order in respect of any movable property that is situated outside New Zealand. Section 7 replaced 1 February 2002 section 12 Property (Relationships) Amendment Act 2001 Section 7(2) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 7(2)﻿(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
7A: Application where spouses or
partners
1: This Act applies in any case where the spouses or partners
2: Subject to subsections (1) and (3), this Act does not apply to any relationship property if—
a: the spouses or partners , civil union,
b: the agreement is in writing or is otherwise valid according to the law of that country.
3: Subsection (2) does not apply if the court determines that the application of the law of the other country under an agreement to which that subsection applies would be contrary to justice or public policy. Section 7A inserted 1 February 2002 section 12 Property (Relationships) Amendment Act 2001 Section 7A heading amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 7A(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 7A(2)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 7A(2)﻿(a) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Nature of relationship Heading amended 1 February 2002 section 13 Property (Relationships) Amendment Act 2001
8: Relationship
1: Relationship
a: the family
b: the family chattels whenever acquired; and
c: all property owned jointly or in common in equal shares by the married couple or by the partners
d: all property owned by either spouse or partner , civil union,
i: the property was acquired in contemplation of the marriage , civil union,
ii: the property was intended for the common use or common benefit of both spouses or partners
e: subject to sections 9(2) to (6) 9A 10 partner , civil union,
ee: subject to sections 9(3) to (6) 9A 10 , civil union, partners
i: the property was acquired out of property owned by either spouse or partner , civil union,
ii: the property was acquired out of the proceeds of any disposition of any property owned by either spouse or partner , civil union,
f:
g: the proportion of the value of any life insurance policy (as defined in section 2 , civil union,
h: any policy of insurance in respect of any property described in paragraphs (a) to (ee); and
i: the proportion of the value of any superannuation scheme entitlements (as defined in section 2 , civil union,
j: all other property that is relationship property under an agreement made under Part 6
k: any other property that is relationship property by virtue of any other provision of this Act or by virtue of any other Act; and
l: any income and gains derived from, the proceeds of any disposition of, and any increase in the value of, any property described in paragraphs (a) to (k).
2: In proceedings commenced after the death of one of the spouses or partners section 83 Section 8 heading amended 1 February 2002 section 14(5) Property (Relationships) Amendment Act 2001 Section 8(1) amended 1 February 2002 section 14(1)﻿(a) Property (Relationships) Amendment Act 2001 Section 8(1)﻿(a) amended 1 February 2002 section 14(1)﻿(b) Property (Relationships) Amendment Act 2001 Section 8(1)﻿(c) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 8(1)﻿(c) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 8(1)﻿(c) amended 1 February 2002 section 14(1)﻿(c) Property (Relationships) Amendment Act 2001 Section 8(1)﻿(d) replaced 1 February 2002 section 14(2) Property (Relationships) Amendment Act 2001 Section 8(1)﻿(d) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 8(1)﻿(d) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 8(1)﻿(d)﻿(i) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 8(1)﻿(d)﻿(ii) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 8(1)﻿(e) replaced 1 February 2002 section 14(2) Property (Relationships) Amendment Act 2001 Section 8(1)﻿(e) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 8(1)﻿(e) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 8(1)﻿(ee) replaced 1 February 2002 section 14(2) Property (Relationships) Amendment Act 2001 Section 8(1)﻿(ee) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 8(1)﻿(ee) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 8(1)﻿(ee)﻿(i) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 8(1)﻿(ee)﻿(i) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 8(1)﻿(ee)﻿(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 8(1)﻿(ee)﻿(ii) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 8(1)﻿(f) repealed 1 February 2002 section 14(3) Property (Relationships) Amendment Act 2001 Section 8(1)﻿(g) replaced 1 February 2002 section 14(3) Property (Relationships) Amendment Act 2001 Section 8(1)﻿(g) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 8(1)﻿(h) replaced 1 February 2002 section 14(3) Property (Relationships) Amendment Act 2001 Section 8(1)﻿(i) replaced 1 February 2002 section 14(3) Property (Relationships) Amendment Act 2001 Section 8(1)﻿(i) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 8(1)﻿(j) replaced 1 February 2002 section 14(3) Property (Relationships) Amendment Act 2001 Section 8(1)﻿(k) replaced 1 February 2002 section 14(3) Property (Relationships) Amendment Act 2001 Section 8(1)﻿(l) inserted 1 February 2002 section 14(3) Property (Relationships) Amendment Act 2001 Section 8(2) inserted 1 February 2002 section 14(4) Property (Relationships) Amendment Act 2001 Section 8(2) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
9: Separate property defined
1: All property of either spouse or partner
2: Subject to sections 8(1)﻿(ee) 9A(3) 10
3: Subject to section 9A
4: The following property is separate property, unless the court considers that it is just in the circumstances to treat the property or any part of the property as relationship property:
a: all property acquired by either spouse or partner a married couple or as civil union partners
b: all property acquired, after the death of one spouse or partner partner section 84
5: Subject to subsection (6), all property acquired by either spouse or partner section 25(3)) partners
6: However, where relationship property has been divided on the bankruptcy of a spouse or partner
a: the family home and any family chattels acquired after that division may be relationship property; and
b: any other property acquired by either spouse or partner partner Section 9 replaced 1 February 2002 section 15 Property (Relationships) Amendment Act 2001 Section 9(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 9(4)﻿(a) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 9(4)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 9(4)﻿(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 9(4)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 9(5) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 9(5) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 9(6) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 9(6)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
9A: When separate property becomes relationship property
1: If any increase in the value of separate property, or any income or gains derived from separate property, were attributable (wholly or in part) to the application of relationship property, then the increase in value or (as the case requires) the income or gains are relationship property.
2: If any increase in the value of separate property, or any income or gains derived from separate property, were attributable (wholly or in part, and whether directly or indirectly) to actions of the other spouse or partner
a: the increase in value or (as the case requires) the income or gains are relationship property; but
b: the share of each spouse or partner partner
3: Any separate property, or any proceeds of the disposition of any separate property, or any increase in the value of, or any income or gains derived from, separate property, is relationship property if that separate property or (as the case requires) those proceeds or the increase in value or the income or gains are used—
a: with the express or implied consent of the spouse or partner
b: for the acquisition or improvement of, or to increase the value of, or the amount of any interest of either spouse or partner section 8(1)
4: Subsection (3) is subject to section 10 Section 9A inserted 1 February 2002 section 15 Property (Relationships) Amendment Act 2001 Section 9A(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 9A(2)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 9A(3)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 9A(3)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
10: Property acquired by succession or by survivorship or as a beneficiary under a trust or by gift
1: Subsection (2) applies to the following property:
a: property that a spouse or partner
i: by succession; or
ii: by survivorship; or
iii: by gift; or
iv: because the spouse or partner
b: the proceeds of a disposition of property to which paragraph (a) applies:
c: property acquired out of property to which paragraph (a) applies.
2: Property to which this subsection applies is not relationship property unless, with the express or implied consent of the spouse or partner
3: Property that one spouse or partner partner partners
4: Regardless of subsections (2) and (3) and section 9(4) Part 6 Section 10 replaced 1 February 2002 section 15 Property (Relationships) Amendment Act 2001 Section 10(1)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 10(1)﻿(a)﻿(iv) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 10(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 10(3) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 10(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
3: Application of this Act
Part 3 inserted 1 February 2002 section 16 Property (Relationships) Amendment Act 2001
10A: Application of Act to division of relationship property where both spouses or
partners This Act (other than Part 8 partners section 25(2) partners Section 10A inserted 1 February 2002 section 16 Property (Relationships) Amendment Act 2001 Section 10A heading amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 10A amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
10B: Application of Act to division of relationship property on death of spouse or
partner
1: This Act (including Part 8 partners
a: one of the spouses or partners section 10D(1)
b: in the case of spouses, one of them dies before 1 February 2002 and, at the date of that spouse's death, no proceedings have been commenced between the spouses under this Act or the Matrimonial Property Act 1963
2: Subsection (1) applies whether or not a situation described in section 25(2) partners Section 10B inserted 1 February 2002 section 16 Property (Relationships) Amendment Act 2001 Section 10B heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 10B(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 10B(1)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 10B(2) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
10C: Application of Act in other circumstances
This Act also applies—
a: in the circumstances described in sections 4(4) 21H 43(1) 44(1) 45(1) 51(2) partners partners
b: in the circumstances described in sections 25(3) 28(1) partners partners partners
c: in the circumstances described in sections 20 to 20F
i: while both spouses or partners
ii: if a spouse or partner sections 20 to 20F partner
iii: if a surviving spouse or partner partner partner
d: in the circumstances described in sections 58 59 partners
e: in the circumstances described in section 87 partners Section 10C inserted 1 February 2002 section 16 Property (Relationships) Amendment Act 2001 Section 10C(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 10C(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 10C(c)﻿(i) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 10C(c)﻿(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 10C(c)﻿(iii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 10C(d) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 10C(e) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
10D: Proceedings
1: If proceedings under this Act, or to which this Act applies, are commenced while both spouses or partners sections 61 to 95
2: Nothing in subsection (1) prevents any proceedings from being discontinued.
3: If a surviving spouse or partner section 61
a: sections 76 to 78
b: sections 2 to 53A sections 79 to 94 Section 10D inserted 1 February 2002 section 16 Property (Relationships) Amendment Act 2001 Section 10D(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 10D(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
4: Division of relationship property
Part 4 heading inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Division of relationship property: general Heading replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001
11: Division of relationship property
1: On the division of relationship property under this Act, each of the spouses or partners
a: the family home; and
b: the family chattels; and
c: any other relationship property.
2: This section is subject to the other provisions of this Part. Section 11 replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 11(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
11A: Where family home sold
1: If the family home has been sold, each spouse or partner
a: either spouse or partner
b: that home has not been acquired:
c: at the date of the application to the court, not more than 2 years have elapsed since the date when those proceeds were received or became payable, whichever is the later.
2: This section is subject to sections 12 to 17A Section 11A inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 11A(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 11A(1)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
11B: Compensation for absence of interest in family home
1: This section applies where—
a: section 11A
b: either—
i: there is no family home; or
ii: the family home is not owned by one of the spouses or partners
2: Where this section applies, the court must award each spouse or partner
3: This section is subject to sections 12 to 17A Section 11B inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 11B(1)﻿(b)﻿(ii) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 11B(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Homesteads Heading inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001
12: Homesteads
1: If the family home is a homestead that is owned by either spouse or partner section 11(1)﻿(a)
2: Instead, each spouse or partner partner
3: If a spouse or partner partner
4: This section is subject to sections 13 to 17A Section 12 replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 12(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 12(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 12(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
12A: Valuation of homestead
For the purposes of section 12 Section 12A inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Exception to equal sharing Heading inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001
13: Exception to equal sharing
1: If the court considers that there are extraordinary circumstances that make equal sharing of property or money under section 11 section 11A section 11B section 12 or of each civil union partner to the civil union
2: This section is subject to sections 14 to 17A Section 13 replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 13(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Relationships of short duration Heading inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001
14: Marriages of short duration
1: This section applies if a marriage is a relationship of short duration (as defined in section 2E
2: If this section applies, sections 11(1)﻿(a), 11(1)﻿(b) 11A 11B 12
a: to any asset owned wholly or substantially by one spouse at the date on which the marriage began; or
b: to any asset that has come to one spouse, after the date on which the marriage began,—
i: by succession; or
ii: by survivorship; or
iii: as the beneficiary under a trust; or
iv: by gift from a third person; or
c: where the contribution of one spouse to the marriage has clearly been disproportionately greater than the contribution of the other spouse.
3: In every case to which subsection (2) applies,—
a: the share of each spouse in the relationship property is to be determined in accordance with the contribution of each spouse to the marriage; and
b: the share of each spouse in any other relationship property that falls for division under sections 11(1)﻿(a), 11(1)﻿(b) 11A 11B 12 sections 11(1)﻿(a), 11(1)﻿(b) 11A 11B 12
4: If this section applies, each spouse is entitled to share equally in any relationship property that falls for division under section 11(1)﻿(c)
5: If, under subsection (4), the spouses do not share equally in any relationship property, the share of each spouse in that relationship property is to be determined in accordance with the contribution of each spouse to the marriage.
6: This section is subject to sections 15 to 17A
7: In proceedings commenced after the death of one of the spouses, this section is modified by section 85 Section 14 replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001
14AA: Civil unions of short duration
1: This section applies if a civil union is a relationship of short duration (as defined in section 2E
2: If this section applies, sections 11(1)﻿(a), 11(1)﻿(b) 11A 11B 12
a: to any asset owned wholly or substantially by one civil union partner at the date on which the civil union began; or
b: to any asset that has come to one civil union partner, after the date on which the civil union began,—
i: by succession; or
ii: by survivorship; or
iii: as the beneficiary under a trust; or
iv: by gift from a third person; or
c: where the contribution of one civil union partner to the civil union has clearly been disproportionately greater than the contribution of the other civil union partner.
3: In every case to which subsection (2) applies,—
a: the share of each civil union partner in the relationship property is to be determined in accordance with the contribution of each civil union partner to the civil union; and
b: the share of each civil union partner in any other relationship property that falls for division under sections 11(1)﻿(a), 11(1)﻿(b) 11A 11B 12 sections 11(1)﻿(a), 11(1)﻿(b) 11A 11B 12
4: If this section applies, each civil union partner is entitled to share equally in any relationship property that falls for division under section 11(1)﻿(c)
5: If, under subsection (4), the civil union partners do not share equally in any relationship property, the share of each civil union partner in that relationship property is to be determined in accordance with the contribution of each civil union partner to the civil union.
6: This section is subject to sections 15 to 17A
7: In proceedings commenced after the death of one of the civil union partners, this section is modified by section 85 Section 14AA inserted 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
14A: De facto relationships of short duration
1: This section applies if a de facto relationship is a relationship of short duration (as defined in section 2E
2: If this section applies, an order cannot be made under this Act for the division of relationship property unless—
a: the court is satisfied—
i: that there is a child of the de facto relationship; or
ii: that the applicant has made a substantial contribution to the de facto relationship; and
b: the court is satisfied that failure to make the order would result in serious injustice.
3: If this section applies, and the court is satisfied that the grounds specified in subsection (2) for making an order on an application under this Act are made out, the share of each de facto partner in the relationship property is to be determined in accordance with the contribution of each de facto partner to the de facto relationship.
4: Nothing in this section prevents a court from making a declaration or an order under section 25(3)
5: This section is subject to sections 15 to 17A Section 14A inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Court may make orders to redress economic disparities Heading replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001
15: Court may award lump sum payments or order transfer of property
1: This section applies if, on the division of relationship property, the court is satisfied that, after the marriage , civil union, partner party B partner party A , civil union,
2: In determining whether or not to make an order under this section, the court may have regard to—
a: the likely earning capacity of each spouse or partner
b: the responsibilities of each spouse or partner for the ongoing daily care of any minor or dependent children of the marriage, civil union, or de facto relationship:
c: any other relevant circumstances.
3: If this section applies, the court, if it considers it just, may, for the purpose of compensating party A,—
a: order party B to pay party A a sum of money out of party B's relationship property:
b: order party B to transfer to party A any other property out of party B's relationship property.
4: This section overrides sections 11 to 14A Section 15 replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 15(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 15(1) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 15(2)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 15(2)﻿(b) replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
15A: Orders where spouse or
partner
1: This section applies if, on the division of relationship property, the court is satisfied—
a: that, after the marriage , civil union, partner party B partner party A , civil union, partners
b: that any increase in the value of party B's separate property was attributable, wholly or in part, and whether directly or indirectly, to the actions of party B while the spouses or partners
2: In determining whether or not to make an order under this section, the court may have regard to—
a: the likely earning capacity of each spouse or partner
b: the responsibilities of each spouse or partner for the ongoing daily care of any minor or dependent children of the marriage, civil union, or de facto relationship:
c: any other relevant circumstances.
3: If this section applies, the court, if it considers it just, may, for the purpose of compensating party A for the increase in value of party B's separate property,—
a: order party B to pay party A a sum of money, whether out of relationship property or separate property:
b: order party B to transfer to party A any other property, whether the property is relationship property or separate property.
4: This section does not limit section 15 sections 11 to 14A Section 15A inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 15A heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 15A(1)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 15A(1)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 15A(1)﻿(a) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 15A(1)﻿(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 15A(2)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 15A(2)﻿(b) replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Other provisions relating to division of relationship property Heading inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001
16: Adjustment when each spouse or
partner
1: This section applies if,—
a: at the date the marriage , civil union, partner
b: each of those homes was capable of becoming a family home; but
c: at the time when the relationship property is to be divided, the home (or the proceeds of the sale of the home) of only one spouse or partner
2: This section also applies if,—
a: before the marriage , civil union, partner
b: each of those homes was capable of becoming a family home; and
c: one of the spouses or partners party A , civil union,
d: at the time when the relationship property is to be divided,—
i: the home (or the proceeds of the sale of the home) of the other spouse or partner party B
ii: the proceeds of the sale of party A's home are not included in the relationship property.
3: If this section applies, the court may adjust the shares of the spouses or partners partner
4: This section overrides sections 11 to 14A Section 16 replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 16 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 16(1)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 16(1)﻿(a) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 16(1)﻿(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 16(2)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 16(2)﻿(a) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 16(2)﻿(c) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 16(2)﻿(c) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 16(2)﻿(d)﻿(i) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 16(3) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 16(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
17: Sustenance of separate property
1: This section applies if the separate property of one spouse or partner party A
a: the application of relationship property; or
b: the actions of the other spouse or partner party B
2: If this section applies, the court may—
a: increase the share to which party B would otherwise be entitled in the relationship property; or
b: order party A to pay party B a sum of money as compensation.
3: This section overrides sections 11 to 14A Section 17 replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 17(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 17(1)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
17A: Diminution of separate property
1: If the separate property of one spouse or partner partner partner
2: This section overrides sections 11 to 14A Section 17A inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 17A(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
18: Contributions of spouses or
partners
1: For the purposes of this Act, a contribution to the marriage , civil union,
a: the care of—
i: any child of the marriage, civil union, or de facto relationship:
ii: any aged or infirm relative or dependant of either spouse or partner
b: the management of the household and the performance of household duties:
c: the provision of money, including the earning of income, for the purposes of the marriage , civil union,
d: the acquisition or creation of relationship property, including the payment of money for those purposes:
e: the payment of money to maintain or increase the value of—
i: the relationship property or any part of that property; or
ii: the separate property of the other spouse or partner
f: the performance of work or services in respect of—
i: the relationship property or any part of that property; or
ii: the separate property of the other spouse or partner
g: the forgoing of a higher standard of living than would otherwise have been available:
h: the giving of assistance or support to the other spouse or partner
i: enables the other spouse or partner
ii: aids the other spouse or partner
2: There is no presumption that a contribution of a monetary nature (whether under subsection (1)﻿(c) or otherwise) is of greater value than a contribution of a non-monetary nature. Section 18 replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 18 heading amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 18(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 18(1)﻿(a)﻿(i) replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 18(1)﻿(a)﻿(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 18(1)﻿(c) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 18(1)﻿(e)﻿(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 18(1)﻿(f)﻿(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 18(1)﻿(h) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 18(1)﻿(h)﻿(i) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 18(1)﻿(h)﻿(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
18A: Effect of misconduct of spouses or
partners
1: Except as permitted by subsections (2) and (3), a court may not take any misconduct of a spouse or partner partner
2: Subject to subsection (3), the court may take into account any misconduct of a spouse or
a: in determining the contribution of a spouse to the marriage, or of a civil union partner to the civil union,
b: in determining what order it should make under any of sections 26 26A 27 28 28B 28C 33
3: For conduct to be taken into account under subsection (2), the conduct must have been gross and palpable and must have significantly affected the extent or value of the relationship property. Section 18A inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 18A heading amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 18A(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 18A(2) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 18A(2)﻿(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
18B: Compensation for contributions made after separation
1: In this section, relevant period , civil union, , civil union, partners
2: If, during the relevant period, a spouse or partner party A , civil union, , civil union,
a: order the other spouse or partner party B
b: order party B to transfer to party A any property, whether the property is relationship property or separate property.
3: In proceedings commenced after the death of one of the spouses or partners section 86 Section 18B inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 18B(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 18B(1) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 18B(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 18B(2) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 18B(2)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 18B(3) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
18C: Compensation for dissipation of relationship property after separation
1: In this section, relevant period section 18B
2: If, during the relevant period, the relationship property has been materially diminished in value by the deliberate action or inaction of one spouse or partner party B partner party A
a: order party B to pay party A a sum of money:
b: order party B to transfer to party A any property, whether the property is relationship property or separate property.
3: In proceedings commenced after the death of one of the spouses or partners section 86 Section 18C inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 18C(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 18C(3) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
5: Relationship property and creditors
Part 5 heading inserted 1 February 2002 section 18 Property (Relationships) Amendment Act 2001
19: Effect of Act while property is undivided
Except as otherwise expressly provided in this Act, nothing in the Act shall—
a: affect the title of any third person to any property, or affect the power of either spouse or partner
b: limit or affect the operation of any mortgage, charge, or other security for the repayment of a debt given by either spouse or partner Section 19(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 19(a) amended 1 February 2002 section 19 Property (Relationships) Amendment Act 2001 Section 19(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 19(b) amended 1 February 2002 section 19 Property (Relationships) Amendment Act 2001
20: Interpretation
1: In sections 20A to 20E personal debt
a: a debt that is not a relationship debt:
b: a debt to the extent that it is not a relationship debt relationship debt
a: by the spouses or partners
b: in the course of a common enterprise carried on by the spouses or partners
c: for the purpose of acquiring, improving, or maintaining relationship property; or
d: for the benefit of both spouses or partners
e: for the purpose of bringing up any child of the marriage, civil union, or de facto relationship.
2: To avoid any doubt, for a debt to fall within paragraph (c) of the definition of relationship debt in subsection (1), it is not necessary that, at the time at which the debt was incurred, the property for which it was incurred was relationship property, as long as the property later becomes relationship property. Section 20 replaced 1 February 2002 section 20 Property (Relationships) Amendment Act 2001 Section 20(1) relationship debt amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 20(1) relationship debt amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 20(1) relationship debt amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 20(1) relationship debt replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
20A: Rights of creditors preserved
1: Secured and unsecured creditors of a spouse or partner partner partner
2: If, had this Act not been passed, any property would have passed to the Official Assignee on or following the bankruptcy of a spouse or partner
3: This section—
a: is subject to section 20B
b: applies except as otherwise expressly provided in this Act. Section 20A inserted 1 February 2002 section 20 Property (Relationships) Amendment Act 2001 Section 20A(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 20A(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
20B: Protected interest in family home
1: Each spouse or partner
a: where section 11A
b: where section 11B
c: where section 12
2: The protected interest of a spouse or partner partner
a: by the spouses or partners
b: by the spouse or partner
3: The value of the protected interest of a spouse or partner
a: where section 11
i: the specified sum; or
ii: one-half of the equity of the spouses or partners
b: where section 11A
i: the specified sum; or
ii: one-half of the proceeds of the sale of the family home:
c: where section 11B section 12
i: the specified sum; or
ii: one-half of the property or money shared under the applicable section.
4: In this section, specified sum section 53A Section 20B inserted 1 February 2002 section 20 Property (Relationships) Amendment Act 2001 Section 20B(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 20B(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 20B(2)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 20B(2)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 20B(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 20B(3)﻿(a)﻿(ii) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
20C: Payment of protected interest on bankruptcy of other spouse or
partner
1: If, on the bankruptcy of a spouse or partner section 11A partner
a: the amount of the protected interest of the other spouse or partner
b: so much of that amount as remains after the Official Assignee has paid the debts specified in subsection (2).
2: The debts referred to in subsection (1)﻿(b) are as follows:
a: any debts secured on the family home or homestead or, as the case may be, the proceeds of sale of the family home:
b: any unsecured debt incurred—
i: by the spouses or partners
ii: by the spouse or partner
3: If, on the bankruptcy of a spouse or partner section 11B partner partner partner Section 20C inserted 1 February 2002 section 20 Property (Relationships) Amendment Act 2001 Section 20C heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 20C(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 20C(1)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 20C(2)﻿(b)﻿(i) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 20C(2)﻿(b)﻿(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 20C(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
20D: Calculation of net value of relationship property
The value of the relationship property that may be divided between the spouses or partners
a: ascertaining the total value of the relationship property; and then
b: deducting from that total any secured or unsecured relationship debts owed by either or both spouses or partners Section 20D inserted 1 February 2002 section 20 Property (Relationships) Amendment Act 2001 Section 20D amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 20D(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
20E: Compensation for satisfaction of personal debts
1: If a secured or unsecured personal debt of one spouse or partner party A partner party B
a: an order increasing proportionately the share to which party B would otherwise be entitled in the relationship property:
b: an order that property that is part of party A's separate property be treated as relationship property for the purposes of any division of relationship property under this Act:
c: an order that party A pay party B a sum of money as compensation.
2: The court may make an order under this section on its own initiative, but must make an order under this section if party B applies for such an order.
3: This section applies whether the debt was paid or satisfied voluntarily or pursuant to legal process. Section 20E inserted 1 February 2002 section 20 Property (Relationships) Amendment Act 2001 Section 20E(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
20F: Application of Joint Family Homes Act 1964
Nothing in sections 20 to 20E Joint Family Homes Act 1964 Section 20F inserted 1 February 2002 section 20 Property (Relationships) Amendment Act 2001
6: Contracting out
Part 6 heading inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 When persons can contract out Heading replaced 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21: Spouses or
partners
1: Spouses , civil union partners, , civil union
2: An agreement made under this section may relate to the status, ownership, and division of property in either or both of the following circumstances:
a: during the joint lives of the spouses or partners
b: when one of the spouses or partners
3: This section is subject to section 47 Section 21 replaced 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Section 21 heading amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 21(1) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 21(1) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 21(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 21(2)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 21(2)﻿(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
21A: Spouses or
partners
1: Spouses or civil union partners
2: This section is subject to section 47 Section 21A inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Section 21A heading amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 21A(1) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 21A(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
21B: Surviving spouse or
partner
1: This section applies—
a: when proceedings are commenced while both spouses or partners partner
b: when one spouse or partner partner partner
2: If this section applies, a surviving spouse or partner survivor partner partners
3: If the survivor is also the sole executor or sole administrator of the estate of the deceased spouse or partner
4: Subsection (3) does not apply if a grant of administration is not required.
5: This section is subject to section 47 Section 21B inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Section 21B heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 21B(1)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 21B(1)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 21B(1)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 21B(2) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 21B(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 21B(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
21C: Court may be asked to approve agreement between surviving spouse or
partner
1: If a surviving spouse or partner partner section 21B
2: If the court approves the agreement, the agreement has effect in accordance with section 21B Section 21C inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Section 21C heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 21C(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Subject matter of agreement Heading inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21D: Subject matter of agreement
1: An agreement under section 21 section 21A section 21B
a: provide that any property, or any class of property, is to be relationship property or is to be separate property:
b: define the share of the relationship property, or of any part of the relationship property, that each spouse or partner , civil union,
c: define the share of the relationship property, or of any part of the relationship property, that the surviving spouse or partner partner partners
d: provide for the calculation of those shares:
e: prescribe the method by which the relationship property, or any part of the relationship property, is to be divided.
2: This section does not limit the generality of sections 21 to 21B Section 21D inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Section 21D(1)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 21D(1)﻿(b) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 21D(1)﻿(c) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 21D(1)﻿(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Model forms of agreement Heading inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21E: Regulations prescribing model forms of agreement
1: The purpose of this section is to minimise the legal expenses of people who wish to enter into an agreement under section 21 section 21A section 21B
2: The Governor-General may, by Order in Council, make regulations prescribing model forms of agreement for the purposes of section 21 section 21A section 21B
3: Use of a prescribed model form of agreement is optional.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 21E inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Section 21E(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Procedural requirements Heading inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21F: Agreement void unless complies with certain requirements
1: Subject to section 21H section 21 section 21A section 21B
2: The agreement must be in writing and signed by both parties.
3: Each party to the agreement must have independent legal advice before signing the agreement.
4: The signature of each party to the agreement must be witnessed by a lawyer.
5: The lawyer who witnesses the signature of a party must certify that, before that party signed the agreement, the lawyer explained to that party the effect and implications of the agreement. Section 21F inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21G: Other grounds of invalidity not affected
Section 21F Section 21G inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21H: Court may give effect to agreement in certain circumstances
1: Even though an agreement is void for non-compliance with a requirement of section 21F
2: The court may make a declaration under this section in the course of any proceedings under this Act, or on application made for the purpose. Section 21H inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Agreements by minors Heading inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21I: Agreements entered into by minors
1: Subject to subsection (2), if a minor enters into an agreement under section 21 section 21A section 21B
2: If a minor who is younger than 18 years, and is not and has not been married or in a civil union section 21 section 21A section 21B
3: An approval may be given on application by the minor before or after the agreement has been signed by the parties. Section 21I inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Section 21I(2) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Court may set agreement aside Heading inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21J: Court may set agreement aside if would cause serious injustice
1: Even though an agreement satisfies the requirements of section 21F
2: The court may exercise the power in subsection (1) in the course of any proceedings under this Act, or on application made for the purpose.
3: This section does not limit or affect any enactment or rule of law or of equity that makes a contract void, voidable, or unenforceable on any other ground.
4: In deciding, under this section, whether giving effect to an agreement made under section 21 section 21A section 21B
a: the provisions of the agreement:
b: the length of time since the agreement was made:
c: whether the agreement was unfair or unreasonable in the light of all the circumstances at the time it was made:
d: whether the agreement has become unfair or unreasonable in the light of any changes in circumstances since it was made (whether or not those changes were foreseen by the parties):
e: the fact that the parties wished to achieve certainty as to the status, ownership, and division of property by entering into the agreement:
f: any other matters that the court considers relevant.
5: In deciding, under this section, whether giving effect to an agreement made under section 21B partner Section 21J inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Section 21J(5) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Miscellaneous provisions Heading inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21K: Agreements made for valuable consideration
1: Every agreement under section 21 section 21A section 21B
2: Nothing in this section limits or affects the manner of determining, for the purposes of the Estate and Gift Duties Act 1968 Section 21K inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21L: Enforcement of agreements
1: Remedies that, under any enactment or rule of law or of equity, are available for the enforcement of contracts may be used for the enforcement of agreements under section 21 section 21A section 21B
2: This section is subject to the provisions of this Part. Section 21L inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21M: Consequences of invalidity of agreement
If an agreement purporting to be made under section 21 section 21A section 21B section 21J Section 21M inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21N: Other powers and capacities not affected
1: Nothing in this Part limits or affects the capacity of either spouse or partner
2: Nothing in this Part limits or affects the power of spouses or partners
3: Regardless of any rule of law, a gift between spouses or partners
4: Subsection (3) does not apply to de facto partners who have lived in a de facto relationship for less than 3 years. Section 21N inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Section 21N(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 21N(2) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 21N(3) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
21O: Application of Act to relationship property not subject to agreement
Relationship property is subject to the provisions of this Act if neither of the following kinds of agreement applies to the property:
a: an agreement under section 21 section 21A section 21B
b: an agreement to which section 21P section 21Q section 21Q Section 21O inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Agreements made before 1 August 2001 Heading inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21P: Agreements made before 1 August 2001 between de facto partners
1: This section applies to any agreement—
a: that is made, before 1 August 2001, by de facto partners, or by any 2 persons in contemplation of entering into a de facto relationship; and
b: that is made with respect to the status, ownership, or division of their property.
2: An agreement to which subsection (1) applies—
a: may relate to existing or future property, or both:
b: may relate to the status, ownership, or division of property in either or both of the following circumstances:
i: during the joint lives of the de facto partners:
ii: when one of them dies.
3: Subsection (2) does not limit the generality of subsection (1). Section 21P inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21Q: Agreements made before 1 August 2001 between spouses relating to division of property on death
This section applies to any agreement—
a: that is made, before 1 August 2001, by a husband and wife, or by any 2 persons in contemplation of marriage; and
b: that is made with respect to, or to the extent that it is made with respect to, the status, ownership, or division of their property when one of them dies. Section 21Q inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21R: Agreements to have effect as if Act not passed
1: The following agreements, to the extent that the agreements were valid and would have been enforceable before 1 August 2001, have effect as if this Act had not been passed:
a: an agreement to which section 21P
b: an agreement to which section 21Q
2: This section is subject to section 47 Section 21R inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21S: Agreements made under previous section 21 before 1 August 2001
Any agreement made before 1 August 2001 under section 21 section 21 section 21A Section 21S inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Agreements made between 1 August 2001 and 31 January 2002, where marriage or de facto relationship ends before 1 February 2002 Heading inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21T: Agreements made under this Part before 1 February 2002, where marriage or de facto relationship ends before that date
1: This section applies to any agreement made under section 21
a: the agreement is made, on or after 1 August 2001 and before 1 February 2002, by 2 de facto partners, or by any 2 persons in contemplation of entering into a de facto relationship; and
b: the agreement is made with respect to the status, ownership, or division of their property—
i: during the joint lives of the de facto partners:
ii: when one of them dies; and
c: the de facto relationship ends before 1 February 2002.
2: This section also applies to any agreement made under section 21
a: the agreement is made, on or after 1 August 2001 and before 1 February 2002, by a husband and wife, or by any 2 persons in contemplation of marriage; and
b: the agreement is made with respect to, or to the extent that it is made with respect to, the status, ownership, or division of their property when one of them dies; and
c: one of the spouses dies before 1 February 2002.
3: The following agreements, to the extent that the agreements were valid and would have been enforceable before 1 August 2001, have effect as if this Act had not been passed:
a: an agreement to which subsection (1) applies:
b: an agreement to which subsection (2) applies, or to the extent that subsection (2) applies.
4: This section is subject to section 47 Section 21T inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
7: Proceedings under this Act
Part 7 heading inserted 1 February 2002 section 22 Property (Relationships) Amendment Act 2001 General Heading replaced 1 February 2002 section 22 Property (Relationships) Amendment Act 2001
22: Jurisdiction
1: Every application under this Act must be heard and determined in the Family Court
2: This section is subject to any other provision of this Act that confers jurisdiction on any other court.
3:
4:
5: Section 22 replaced 1 February 2002 section 23 Property (Relationships) Amendment Act 2001 Section 22(1) amended 1 March 2017 section 261 District Court Act 2016 Section 22(3) repealed 31 March 2014 section 4 Property (Relationships) Amendment Act (No 2) 2013 Section 22(4) repealed 31 March 2014 section 4 Property (Relationships) Amendment Act (No 2) 2013 Section 22(5) repealed 31 March 2014 section 4 Property (Relationships) Amendment Act (No 2) 2013
23: Who can apply
1: The following persons may apply for an order under section 25(1)﻿(a) or (b) section 25(3)
a: either spouse or partner
b: any person on whom the spouses or partners
2: The Official Assignee in bankruptcy of the property of either spouse or partner section 25(1)﻿(a) section 25(1)﻿(b) section 25(3)
3: If one of the spouses or partners section 88 section 10D(1)) Section 23 replaced 1 February 2002 section 24 Property (Relationships) Amendment Act 2001 Section 23(1)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 23(1)﻿(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 23(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 23(3) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
24: Time limits for making applications
1: The following time limits apply in relation to applications made under this Act:
a: an application made after a marriage or civil union or civil union
b: an application made after an order has been made declaring a marriage or civil union ab initio
c: an application made after a de facto relationship has ended must be made no later than 3 years after the de facto relationship ended.
2: Regardless of subsection (1), the court may extend the time for making an application after hearing—
a: the applicant; and
b: any other persons who would have an interest in the property that would be affected by the order sought and who the court considers should be heard.
3: The court's power under this section extends to cases where the time for applying has already expired.
4: If one of the spouses or partners section 89 section 10D(1) Section 24 replaced 1 February 2002 section 25 Property (Relationships) Amendment Act 2001 Section 24(1)﻿(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 24(1)﻿(b) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 24(4) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
25: When court may make orders
1: On an application under section 23
a: make any order it considers just—
i: determining the respective shares of each spouse or partner
ii: dividing the relationship property or any part of that property between the spouses or partners
b: make any other order that it is empowered to make by any provision of this Act.
2: The court may not make an order under subsection (1) unless it is satisfied,—
a: in the case of a marriage or civil union
i: that the spouses or civil union partners
ii: that the marriage or civil union
b: in the case of a de facto relationship, that the de facto partners no longer have a de facto relationship with each other; or
c: that one spouse or partner
d: that either spouse or partner
3: Regardless of subsection (2), the court may at any time make any order or declaration relating to the status, ownership, vesting, or possession of any specific property as it considers just.
4: To avoid any doubt, but without limiting subsection (3), if proceedings under this Act are pending, the court, if it considers it appropriate in the circumstances, may make an interim order under that subsection for the sale of any relationship property, and may give any directions it thinks fit with respect to the proceeds.
5: This section is subject to the other provisions of this Act.
6: In proceedings commenced after the death of one of the spouses or partners section 91 Section 25 replaced 1 February 2002 section 25 Property (Relationships) Amendment Act 2001 Section 25(1)﻿(a)﻿(i) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 25(1)﻿(a)﻿(ii) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 25(2)﻿(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 25(2)﻿(a)﻿(i) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 25(2)﻿(a)﻿(i) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 25(2)﻿(a)﻿(ii) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 25(2)﻿(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 25(2)﻿(d) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 25(6) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Orders for benefit of children of marriage, civil union, or de facto relationship Heading inserted 1 February 2002 section 25 Property (Relationships) Amendment Act 2001 Heading amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
26: Orders for benefit of children of marriage
, civil union, or de facto relationship
1: In proceedings under this Act, the court must have regard to the interests of any minor or dependent children of the marriage, civil union, or de facto relationship and, if it considers it just, may make an order settling the relationship property or any part of that property for the benefit of the children of the marriage, civil union, or de facto relationship or of any of them.
2: If the court makes an order under subsection (1), the court may reserve such interest (if any) of either spouse or partner
3: An order under this section may be made and has effect regardless of any agreement under Part 6 Section 26 replaced 1 February 2002 section 25 Property (Relationships) Amendment Act 2001 Section 26 heading amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 26(1) replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 26(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Postponement of sharing Heading inserted 1 February 2002 section 25 Property (Relationships) Amendment Act 2001
26A: Postponement of sharing
1: On the division of relationship property under this Act, the court may make an order postponing the vesting of any share in the relationship property, either wholly or in part, until a specified future date or until the occurrence of a specified event if the court is satisfied that immediate vesting would cause undue hardship for a spouse or partner , civil union, or de facto relationship
2: The court may order postponement of vesting under this section only for as long as necessary, and only to the extent necessary, to alleviate the undue hardship.
3: Nothing in this section limits section 33 Section 26A inserted 1 February 2002 section 25 Property (Relationships) Amendment Act 2001 Section 26A(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 26A(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Occupation orders, tenancy orders, and furniture orders Heading inserted 1 February 2002 section 25 Property (Relationships) Amendment Act 2001
27: Occupation orders
1: The court may make an order granting to either spouse or partner family relationship
2: Where an order is made under subsection (1), the person in whose favour it is made shall be entitled, to the exclusion of the other spouse or partner family
3: a spouse or partner
4: An order made under subsection (1) by the District Court or the Family Court is enforceable as if it were an order for recovery of land made pursuant to section 79(2)﻿(c)
5: In proceedings commenced after the death of one of the spouses or partners section 91 1963 No 71 s 57 Section 27(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 27(1) amended 1 February 2002 section 26(1)﻿(a) Property (Relationships) Amendment Act 2001 Section 27(1) amended 1 February 2002 section 26(1)﻿(b) Property (Relationships) Amendment Act 2001 Section 27(1) amended 1 February 2002 section 26(1)﻿(c) Property (Relationships) Amendment Act 2001 Section 27(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 27(2) amended 1 February 2002 section 26(2)﻿(a) Property (Relationships) Amendment Act 2001 Section 27(2) amended 1 February 2002 section 26(2)﻿(b) Property (Relationships) Amendment Act 2001 Section 27(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 27(3) amended 1 February 2002 section 26(3)﻿(a) Property (Relationships) Amendment Act 2001 Section 27(3) amended 1 February 2002 section 26(3)﻿(b) Property (Relationships) Amendment Act 2001 Section 27(4) replaced 1 March 2017 section 261 District Court Act 2016 Section 27(5) inserted 1 February 2002 section 26(4) Property (Relationships) Amendment Act 2001 Section 27(5) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
28: Orders with respect to tenancy
1: Regardless of section 23 partner partner applicant
1A: The court may not make an order under this section unless, at the time of the making of the order,—
a: the spouse or partner other party
b: the other party is a tenant of the dwellinghouse; and
c: either spouse or partner
2: On the taking effect of an order made under subsection (1), unless the tenancy is sooner lawfully determined, the applicant shall become the tenant of the dwellinghouse upon and subject to the terms and conditions of the tenancy in force at the time of the making of that order, and the other party shall cease to be the tenant. Every such order shall have effect and may be enforced as if it were an order of the court for possession of the land granted in favour of the applicant.
3: Nothing in this section or in any order made under this section shall be construed to limit or affect the operation of any enactment or rule of law for the time being applicable to any tenancy to which this section applies or to the dwellinghouse held under the tenancy, or to authorise the court to vary, except by vesting or revesting the tenancy pursuant to this section, any express or implied term or condition of the tenancy.
4: On the application of the other party or his or her personal representative in any case in which an order is made under subsection (1), the court may, if it thinks fit, make an order discharging the first-mentioned order and revesting the tenancy accordingly.
5: On the taking effect of any revesting order made under subsection (4), unless the tenancy is sooner lawfully determined, the person in whose favour it is made shall become the tenant of the dwellinghouse upon and subject to the terms and conditions of the tenancy in force at the time of the making of the revesting order.
5A: In this section, dwellinghouse
a: any furniture or other chattels let with the building or part of a building; and
b: any land, outbuildings, or parts of buildings included in the tenancy.
6: For the purposes of this section, the term tenant tenancy
7: In proceedings commenced after the death of one of the spouses or partners section 91 1963 No 71 s 60 Section 28(1) replaced 1 February 2002 section 27(1) Property (Relationships) Amendment Act 2001 Section 28(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 28(1A) inserted 1 February 2002 section 27(1) Property (Relationships) Amendment Act 2001 Section 28(1A)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 28(1A)﻿(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 28(5A) inserted 10 July 1987 Matrimonial Property Amendment Act 1987 Section 28(7) inserted 1 February 2002 section 27(2) Property (Relationships) Amendment Act 2001 Section 28(7) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
28A: Factors affecting occupation orders and orders with respect to tenancy
1: The court—
a: in determining whether to make an order under section 27(1) section 28(1)
b: in determining, in relation to an order made under section 27(1) shall have particular regard to the need to provide a home for any minor or , civil union, or de facto relationship, and may also have regard to all other relevant circumstances
2: Nothing in this section shall limit the generality of section 26(1)
3: In proceedings commenced after the death of one of the spouses or partners section 91 Section 28A inserted 1 January 1984 Matrimonial Property Amendment Act (No 2) 1983 Section 28A(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 28A(1) amended 1 February 2002 section 28(1)﻿(a) Property (Relationships) Amendment Act 2001 Section 28A(3) inserted 1 February 2002 section 28(2) Property (Relationships) Amendment Act 2001 Section 28A(3) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
28B: Ancillary furniture order
1: On or after making an occupation order under section 27(1) section 28(1)
2: An order made under this section may be for such period, and on such terms and conditions, as the court thinks fit. Section 28B replaced 1 February 2002 section 29 Property (Relationships) Amendment Act 2001
28C: Furniture required to equip another household
1: Regardless of section 23 partner applicant
a: the family home or any other premises forming part of the relationship property; or
b: any dwellinghouse in respect of which a tenancy order could be made under section 28(1)
2: Either spouse or partner
3: The court may make an order under this section only if it is satisfied that the furniture, household appliances, and household effects are reasonably required to equip another dwellinghouse in which the applicant is or will be living (whether alone or with 1 or more children of the marriage , civil union, or de facto relationship
4: In determining whether to make an order under this section, the court must have particular regard to any need of the applicant to have suitable furniture, household appliances, and household effects to provide for the needs of any children of the marriage , civil union, or de facto relationship, where those children live, or will be living, with the applicant
5: Subsection (4) does not limit section 26(1)
6: An order made under this section may be for such period, and on such terms and conditions, as the court thinks fit. 1995 No 86 s 67 Section 28C inserted 1 February 2002 section 29 Property (Relationships) Amendment Act 2001 Section 28C(1) amended 26 April 2005 section 3(2) Property Relationships Amendment Act 2005 Section 28C(2) amended 26 April 2005 section 3(2) Property Relationships Amendment Act 2005 Section 28C(3) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 28C(4) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
28D: Effect of furniture orders
1: The person in whose favour an order is made under section 28B section 28C
2: An order to which this section applies has effect and may be enforced as if it were an order of the court for delivery of chattels granted in favour of the person for whose benefit the order is made. 1995 No 86 ss 64 68 Section 28D inserted 1 February 2002 section 29 Property (Relationships) Amendment Act 2001
28E: Family Violence Act 2018 does not limit or affect powers to make orders
The Family Violence Act 2018 section 27 section 28 section 28B section 28C section 33 1995 No 86 s 128 Section 28E inserted 1 July 2019 section 259(1) Family Violence Act 2018 Hire purchase agreements Heading inserted 1 February 2002 section 29 Property (Relationships) Amendment Act 2001
29: Orders when property subject to hire purchase agreement
Where any property which is the subject of an application under this Act is in the possession of either or both spouses or partners or partner 1963 No 71 s 62(4) Section 29 amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 29 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 29 amended 1 February 2002 section 30(a) Property (Relationships) Amendment Act 2001 Section 29 amended 1 February 2002 section 30(b) Property (Relationships) Amendment Act 2001 Insurance policies Heading inserted 1 February 2002 section 31 Property (Relationships) Amendment Act 2001
30: Orders in relation to insurance policies
Where an application under this Act relates to any policy of assurance or insurance the court may—
a: vest the policy in either spouse or partner or partner
b: direct the payment of a proportion of the surrender or paid-up value from one spouse or partner
c: make such other order as it thinks just. Section 30(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 30(a) amended 1 February 2002 section 32(a) Property (Relationships) Amendment Act 2001 Section 30(a) amended 1 February 2002 section 32(b) Property (Relationships) Amendment Act 2001 Section 30(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 30(b) amended 1 February 2002 section 32(b) Property (Relationships) Amendment Act 2001 Superannuation scheme entitlements Heading inserted 1 February 2002 section 33 Property (Relationships) Amendment Act 2001
31: Orders in relation to superannuation rights
1: Where the relationship section 8(1)﻿(i) either spouse or partner or partner
2: A copy of any arrangement or deed entered into pursuant to subsection (1) may be served on the manager of the superannuation scheme from which the entitlement is derived.
3: Where a copy of any such arrangement or deed is served on any such manager he or she Section 31(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 31(1) amended 1 February 2002 section 34(1)﻿(a) Property (Relationships) Amendment Act 2001 Section 31(1) amended 1 February 2002 section 34(1)﻿(b) Property (Relationships) Amendment Act 2001 Section 31(1) amended 1 February 2002 section 34(1)﻿(c) Property (Relationships) Amendment Act 2001 Section 31(1) amended 1 February 2002 section 34(1)﻿(d) Property (Relationships) Amendment Act 2001 Section 31(3) amended 1 February 2002 section 34(2) Property (Relationships) Amendment Act 2001 Orders relating to maintenance and child support Heading inserted 1 February 2002 section 35 Property (Relationships) Amendment Act 2001
32: Orders relating to maintenance and child support
1: In any proceedings, the court must have regard to—
a: any order made under the Family Proceedings Act 1980 partner
b: any child support payable by one spouse or partner Child Support Act 1991 , civil union, or de facto relationship; and
c: any voluntary agreement, whether or not the agreement has been accepted under Part 3
2: In any proceedings, the court, if it considers it just, may—
a: make an order under the Family Proceedings Act 1980 partner
b: discharge, vary, extend, or suspend an order made under the Family Proceedings Act 1980 partner
c: make any order in relation to child support that may be made under section 106 section 109 section 112 section 104 section 108 section 112
d: cancel, vary, extend, or suspend a voluntary agreement.
3: An order made under this Act in respect of relationship property is not sufficient by itself to support—
a: an application under section 99 partner
b: an application for an order under Part 7
c: the cancellation, variation, extension, or suspension of a voluntary agreement. Section 32 replaced 1 February 2002 section 35 Property (Relationships) Amendment Act 2001 Section 32(1)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 32(1)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 32(1)﻿(b) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 32(2)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 32(2)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 32(3)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Ancillary powers Heading inserted 1 February 2002 section 35 Property (Relationships) Amendment Act 2001
33: Ancillary powers of court
1: The court may make all such other orders and give such directions as may be necessary or expedient to give effect, or better effect, to any order made under any of the provisions of sections 25 to 32
2: The court may, at any time it thinks fit, extend, vary, cancel, or discharge any order made under any of the provisions of sections 26 to 32
3: In particular, but without limiting the generality of subsections (1) and (2), the court may make any 1 or more of the following orders:
a: an order for the sale of the relationship property or any part of the relationship property, and for the division, vesting, or settlement of the proceeds:
b: in the case of property owned by both spouses or partners partners
c: an order vesting the relationship property, or any part of the relationship property, in either spouse or partner
d: an order postponing the vesting of any share in the relationship property, or any part of such share, until a future date specified in the order or until the occurrence of a future event specified in the order:
e: an order for the partition or vesting of any property:
f: in the case of property owned by one spouse or partner partners
g: in the case of property owned by both spouses or partners
h: an order for the cancellation of the settlement of a joint family home:
i: an order for the payment of a sum of money by one spouse or partner
j: an order for the transfer of land, or of any interest in land, including a lease, licence, or tenancy:
k: an order for the transfer of shares or stock, or of mortgages, charges, debentures, or other securities, or of the title or documents of title of any property:
l: an order for the transfer of rights or obligations under any instrument or contract, and an order of this kind has effect regardless of any provision or term of the instrument or contract:
m: an order varying the terms of any trust or settlement, other than a trust under a will or other testamentary disposition:
n: in the case of money or other property that is part of the separate property of one spouse or partner partner
4: Where under any order made under this Act one spouse or partner
5: Where, pursuant to this Act, the court makes an order for the sale of any relationship
6: Any order under this Act may, subject to the provisions of this Act, be made upon such terms and subject to such conditions (if any) as the court thinks fit.
7: Where the court, by any order under this Act, appoints a person (including a Registrar or other officer of the court) to sell any property and to divide, apply, and settle the proceeds, the court may make provision in that order for the payment of remuneration to that person and for the reimbursement of his or her Section 33(3) replaced 1 February 2002 section 36(1) Property (Relationships) Amendment Act 2001 Section 33(3)﻿(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 33(3)﻿(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 33(3)﻿(f) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 33(3)﻿(f) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 33(3)﻿(g) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 33(3)﻿(i) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 33(3)﻿(n) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 33(4) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 33(4) amended 1 February 2002 section 36(2) Property (Relationships) Amendment Act 2001 Section 33(5) amended 1 February 2002 section 36(3) Property (Relationships) Amendment Act 2001 Section 33(7) inserted 1 January 1984 Matrimonial Property Amendment Act (No 2) 1983 Section 33(7) amended 1 February 2002 section 36(4) Property (Relationships) Amendment Act 2001
34: Discretion of court as to orders
Where application is made to the court for any order under any provision of this Act, the court may, subject to the provisions of the Act, make any other order under this Act which could have been made if application for that other order had been made when the first-mentioned application was made. 1963 No 71 s 78 Miscellaneous provisions Heading inserted 1 February 2002 section 37 Property (Relationships) Amendment Act 2001
35: Attendance at hearings
Section 11A Family Court Act 1980
a: in the Family Court:
b: in any other court, in which case—
i: references in that section to the Family Court or court must be read as references to that other court; and
ii: references in that section to the Family Court Judge or the Judge must be read as references to the Judge presiding at the hearing. Section 35 replaced 18 May 2009 section 5 Property (Relationships) Amendment Act 2008 Section 35 amended 1 March 2017 section 261 District Court Act 2016 Section 35(a) replaced 1 March 2017 section 261 District Court Act 2016
35A: Publication of reports of proceedings
Sections 11B to 11D Family Court Act 1980
a: in the Family Court:
b: in any other court, in which case references in those sections to the Family Court or court must be read as references to that other court. Section 35A replaced 18 May 2009 section 6 Property (Relationships) Amendment Act 2008 Section 35A amended 1 March 2017 section 261 District Court Act 2016 Section 35A(a) replaced 1 March 2017 section 261 District Court Act 2016
36: Evidence
Section 36 repealed 31 March 2014 section 17A(h) Family Courts Act 1980
37: Persons entitled to be heard
1: Before any order is made under this Act, such notice as the court directs shall be given to any person having an interest in the property which would be affected by the order, and any such person shall be entitled to appear and to be heard in the matter as a party to the application.
2: In proceedings commenced after the death of one of the spouses or partners section 92 1963 No 72 s 7(1) Section 37(2) inserted 1 February 2002 section 40 Property (Relationships) Amendment Act 2001 Section 37(2) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
37A: Court may appoint lawyer for children
1: The court may appoint a lawyer to represent any minor or dependent children of the marriage or, as the case requires, any minor or dependent children of the civil union or
2: Fees payable to a lawyer appointed under subsection (1), and reasonable expenses incurred,—
a: must be determined in accordance with regulations made under section 16D Family Court Act 1980
b: must be paid by 1 or more of the parties to the proceedings as ordered by the court.
3:
4: Section 37A inserted 1 February 2002 section 41 Property (Relationships) Amendment Act 2001 Section 37A(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 37A(2)﻿(a) replaced 31 March 2014 section 5 Property (Relationships) Amendment Act (No 2) 2013 Section 37A(2)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 37A(3) repealed 15 July 2014 section 4 Property (Relationships) Amendment Act 2013 Section 37A(4) repealed 15 July 2014 section 4 Property (Relationships) Amendment Act 2013
38: Inquiries, and settlement of schemes
1: The court may, on any application under this Act, appoint the Registrar of the court, or such other person as the court thinks fit, to make an inquiry into the matters of fact in issue between the parties, and to report thereon to the court.
2: A copy of every such report shall be given to the lawyer by a lawyer
3: The court may, on any application under this Act, with the consent of the parties, appoint the Registrar of the court, or such other person as the court thinks fit, to settle a scheme in respect of the property comprised in the application and to submit it to the court for approval.
4: Fees payable to any person (other than the Registrar) appointed under subsection (1) or subsection (3), and reasonable expenses incurred,—
a: may be determined in accordance with regulations made under this Act; and
b: are payable out of public money appropriated by Parliament for the purpose: provided that, if the court thinks proper, it may order any party to refund to the Crown such amount as the court specifies in respect of those fees and expenses, and that amount shall be a debt due to the Crown by that party and, in default of payment of the amount, payment thereof may be enforced, by order of the District Court Section 38(2) amended 1 February 2002 section 42(a) Property (Relationships) Amendment Act 2001 Section 38(2) amended 1 February 2002 section 42(b) Property (Relationships) Amendment Act 2001 Section 38(4) replaced 1 July 1994 Matrimonial Property Amendment Act 1994 Section 38(4)﻿(b) replaced 3 June 1998 Matrimonial Property Amendment Act 1998 Section 38(4) proviso amended 1 March 2017 section 261 District Court Act 2016 Transfer of proceedings Heading inserted 31 March 2014 section 6 Property (Relationships) Amendment Act (No 2) 2013
38A: Transfer of proceedings to High Court
1: A Family Court Judge may order the transfer of proceedings to the High Court if the Judge is satisfied that the High Court is the more appropriate venue for dealing with the proceedings.
2: In considering whether to make an order under subsection (1), the Judge must have regard to—
a: the complexity of the proceedings or of any question in issue in the proceedings:
b: any proceedings before the High Court that are between the same parties and that involve related issues:
c: any other matter that the Judge considers relevant in the circumstances.
3: An order may be made under subsection (1) on—
a: the application of a party to the proceedings; or
b: the court's initiative.
4: Any proceedings transferred to the High Court by an order made under subsection (1) continue in that court as if they had been properly commenced there. Section 38A inserted 31 March 2014 section 6 Property (Relationships) Amendment Act (No 2) 2013 Appeals Heading inserted 1 February 2002 section 43 Property (Relationships) Amendment Act 2001
39: Right of appeal to High Court
1: This subsection applies to a decision of the Family Court or the
a: make or refuse to make an order; or
b: dismiss the proceedings; or
c: otherwise finally determine the proceedings.
2: A party to proceedings in which there is made a decision to which subsection (1) applies, or any other person prejudicially affected by the decision, may appeal to the High Court against the decision.
3: The High Court Rules 2016 sections 126 to 130 section 124
4: On the ex parte section 126(1)
5: Subsection (4) overrides subsection (3).
6: If the appeal relates to proceedings commenced after the death of one of the spouses or partners section 93 Section 39 replaced 24 November 2003 section 4 District Courts Amendment Act 2002 Section 39(1) amended 1 March 2017 section 261 District Court Act 2016 Section 39(3) replaced 1 March 2017 section 261 District Court Act 2016 Section 39(4) amended 1 March 2017 section 261 District Court Act 2016 Section 39(6) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
39A: Procedure on appeal to High Court
Section 39A repealed 24 November 2003 section 4 District Courts Amendment Act 2002
39B: Appeals to Court of Appeal
1: The provisions of the Senior Courts Act 2016
2:
3: The High Court or the Court of Appeal may, if it thinks that the interests of justice so require,—
a: rehear the whole or any part of the evidence; or
b: receive further evidence. Section 39B inserted 1 February 2002 section 43 Property (Relationships) Amendment Act 2001 Section 39B heading amended 1 January 2004 section 48(1) Supreme Court Act 2003 Section 39B(1) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 39B(2) repealed 1 January 2004 section 48(1) Supreme Court Act 2003 Costs Heading inserted 1 February 2002 section 44 Property (Relationships) Amendment Act 2001
40: Costs
Subject to any rules of procedure made for the purposes of this Act, in any proceedings under this Act the court may make such order as to costs as it thinks fit. Registration of orders Heading inserted 1 February 2002 section 45 Property (Relationships) Amendment Act 2001
41: Registration of orders
1: Where an order made under this Act relates to any estate or interest in land, a copy of the order sealed with the seal of the court shall, upon application by either of the parties and upon payment of the prescribed fee, be registered by the Registrar-General of Land Mining Tenures Registration Act 1962 Land Transfer Act 2017
2: For the purposes of this section an order to which this section applies shall cease to have effect where—
a: the order is discharged or cancelled by the court under section 33(2)
b: the person in whose favour and the person against whom the order is made so agree in writing and the agreement is signed and witnessed in accordance with section 21F(2), (4), and (5)
c: the period for which the order was made has expired; or
d: the court so directs in any other case.
3: Where the Registrar-General of Land
4: Where an order made under any of the provisions of this Act relates to any stocks, shares or other company securities, or to any other property the title to which passes upon or is evidenced by registration, the foregoing provisions of this section shall apply with all necessary modifications to such stocks, shares, securities or other property as if they were estates or interests in land. 1963 No 71 ss 57(9), (10), (11), 59(4) Section 41(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 41(2)﻿(b) amended 1 February 2002 section 46 Property (Relationships) Amendment Act 2001 Section 41(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Protection of spouses' or partners' Heading amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Heading amended 1 February 2002 section 47 Property (Relationships) Amendment Act 2001
42: Notice of interest against title
1: A claim to an interest, pursuant to this Act, in any land subject to the Land Transfer Act 2017
2: Notice of a claim under subsection (1) shall be effected by lodging a duly completed notice in the prescribed form Registrar-General of Land
3: Every notice so lodged shall have effect as if it were a caveat section 138 , except section 141
a: any application under section 142 143 the Family Court or the District Court
b: an order under section 146 the Family Court or the District Court or the High Court
4: In the case of land that is not subject to the Land Transfer Act 2017
5: A notice under subsection (2) or subsection (4) may be registered notwithstanding that no proceedings under this Act are pending or in contemplation, and notwithstanding that there is no dispute between the parties. Section 42(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 42(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 42(2) amended 1 February 2002 section 48(1) Property (Relationships) Amendment Act 2001 Section 42(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 42(3) amended 1 June 2002 section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 42(3) amended 4 November 1982 Land Transfer Amendment Act 1982 Section 42(3)﻿(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 42(3)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 42(3)﻿(a) amended 1 February 2002 section 48(2)﻿(a) Property (Relationships) Amendment Act 2001 Section 42(3)﻿(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 42(3)﻿(b) amended 1 March 2017 section 261 District Court Act 2016 Section 42(3)﻿(b) amended 1 February 2002 section 48(2)﻿(b) Property (Relationships) Amendment Act 2001 Section 42(4) amended 12 November 2018 section 250 Land Transfer Act 2017
43: Dispositions may be restrained
1: Where it appears to the High Court or the District Court or the Family Court ( party B
1A: The court may make an order under this section on the application of party B, or (in any proceedings under this Act or otherwise) on its own initiative.
2: Any disposition made after an order of the court under subsection (1) restraining the making of the disposition has been served on or come to the notice of the person disposing of the property, or any auctioneer, agent, or lawyer 1963 No 71 s 80 Section 43(1) amended 1 March 2017 section 261 District Court Act 2016 Section 43(1) amended 1 February 2002 section 49(1)﻿(a) Property (Relationships) Amendment Act 2001 Section 43(1) amended 1 February 2002 section 49(1)﻿(b) Property (Relationships) Amendment Act 2001 Section 43(1) amended 1 October 1981 section 17(1) Family Courts Act 1980 Section 43(1A) inserted 1 February 2002 section 49(2) Property (Relationships) Amendment Act 2001 Section 43(2) amended 1 February 2002 section 49(3) Property (Relationships) Amendment Act 2001
44: Dispositions may be set aside
1: Where the High Court or the District Court or the Family Court ( party B
1A: The court may make an order under this section on the application of party B, or (in any proceedings under this Act or otherwise) on its own initiative.
2: In any case to which subsection (1) applies, the court may, subject to subsection (4),—
a: order that any person to whom the disposition was made and who received the property otherwise than in good faith and for valuable consideration, or his or her
b: order that any person to whom the disposition was made and who received the property otherwise than in good faith and for adequate consideration, or his or her
c: order that any person who has, otherwise than in good faith and for valuable consideration, received any interest in the property from the person to whom the disposition was so made, or his or her
3: For the purposes of giving effect to any order under subsection (2), the court may make such further order as it thinks fit.
4: Relief (whether under this section, or in equity, or otherwise) in any case to which subsection (1) applies shall be denied wholly or in part, if the person from whom relief is sought received the property or interest in good faith, and has so altered his or her or her 1963 No 71 s 81 Section 44(1) amended 1 March 2017 section 261 District Court Act 2016 Section 44(1) amended 1 February 2002 section 50(1)﻿(a) Property (Relationships) Amendment Act 2001 Section 44(1) amended 1 February 2002 section 50(1)﻿(b) Property (Relationships) Amendment Act 2001 Section 44(1) amended 1 October 1981 section 17(1) Family Courts Act 1980 Section 44(1A) inserted 1 February 2002 section 50(2) Property (Relationships) Amendment Act 2001 Section 44(2)﻿(a) amended 1 February 2002 section 50(3) Property (Relationships) Amendment Act 2001 Section 44(2)﻿(b) amended 1 February 2002 section 50(3) Property (Relationships) Amendment Act 2001 Section 44(2)﻿(c) amended 1 February 2002 section 50(3) Property (Relationships) Amendment Act 2001 Section 44(4) amended 1 February 2002 section 50(4) Property (Relationships) Amendment Act 2001 Orders relating to trusts Heading inserted 1 February 2002 section 51 Property (Relationships) Amendment Act 2001
44A: Application of sections 44B and 44C
Sections 44B 44C Section 44A inserted 1 February 2002 section 51 Property (Relationships) Amendment Act 2001
44B: Court may require party to disclose information about dispositions of property to trust
1: In any proceedings for an order under section 25(1)﻿(a) partner partners , the civil union,
2: The court may make an order under this section on the application of either party to the proceedings or on its own initiative. Section 44B inserted 1 February 2002 section 51 Property (Relationships) Amendment Act 2001 Section 44B(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 44B(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44B(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
44C: Compensation for property disposed of to trust
1: This section applies if the court is satisfied—
a: that, since the marriage , the civil union, partners
b: that the disposition has the effect of defeating the claim or rights of one of the spouses or partners
c: that the disposition is not one to which section 44
2: If this section applies, the court may make 1 or more of the following orders for the purpose of compensating the spouse or partner
a: an order requiring one spouse or partner partner
b: an order requiring one spouse or partner partner
c: an order requiring the trustees of the trust to pay to one spouse or partner
3: The court must not make an order under subsection (2)﻿(c) if—
a: an order under subsection (2)﻿(a) or (b) would compensate the spouse or partner
b: a third person has in good faith altered that person's position—
i: in reliance on the ability of the trustees to distribute the income of the trust in terms of the instrument creating the trust; and
ii: in such a way that it would be unjust to make the order.
4: The court may make 1 or more orders under subsection (2) if it considers it just to do so, having regard to—
a: the value of the relationship property disposed of to the trust:
b: the value of the relationship property available for division:
c: the date or dates on which relationship property was disposed of to the trust:
d: whether the trust gave consideration for the property, and if so, the amount of the consideration:
e: whether the spouses or partners, or either of them, or any child of the marriage, civil union, or de facto relationship, is or has been a beneficiary of the trust:
f: any other relevant matter. Section 44C inserted 1 February 2002 section 51 Property (Relationships) Amendment Act 2001 Section 44C(1)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 44C(1)﻿(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 44C(1)﻿(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 44C(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44C(2)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44C(2)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44C(2)﻿(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44C(3)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44C(4)﻿(e) replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Orders relating to companies Heading inserted 1 February 2002 section 51 Property (Relationships) Amendment Act 2001
44D: Definition of qualifying company
1: In sections 44E 44F qualifying company
a: one of the spouses or partners
b: the estate of the deceased spouse or partner
2: For the purposes of this section, a person holds a controlling interest in a company if that person holds (whether directly or indirectly) equity securities in that company that carry in the aggregate 50% or more of the voting rights at a general meeting of the company.
3: For the purposes of this section, a person holds equity securities in a company ( company A
a: that person is beneficially entitled to, or is beneficially entitled to an interest in, any equity securities in that company (whether or not the whole or any part of the legal ownership of the equity securities is vested in that person); or
b: that person holds a controlling interest in another company ( company B
4: For the purposes of subsections (2) and (3), equity security section 8 Section 44D inserted 1 February 2002 section 51 Property (Relationships) Amendment Act 2001 Section 44D(1)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 44D(1)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44D(4) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
44E: Court may require party to disclose information about dispositions of property to qualifying company
1: In any proceedings for an order under section 25(1)﻿(a) partner partners or the civil union
2: The court may make the order under this section on the application of either party to the proceedings or on its own initiative. Section 44E inserted 1 February 2002 section 51 Property (Relationships) Amendment Act 2001 Section 44E(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 44E(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44E(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
44F: Compensation for property disposed of to qualifying company
1: This section applies if the court is satisfied—
a: that, since the marriage or the civil union partners
b: that the disposition has the effect of defeating the claim or rights of one of the spouses or partners
c: that the disposition is not one to which section 44
2: If this section applies, the court may make 1 or more of the following orders for the purpose of compensating the spouse or partner
a: an order requiring one spouse or partner partner
b: an order requiring one spouse or partner partner
3: The court may make 1 or more orders under subsection (2) if it considers it just to do so, having regard to—
a: the value of the relationship property disposed of to the qualifying company:
b: the value of the relationship property available for division:
c: the date or dates on which relationship property was disposed of to the qualifying company:
d: whether the company gave consideration for the property, and if so, the amount of the consideration:
e: any other relevant matter. Section 44F inserted 1 February 2002 section 51 Property (Relationships) Amendment Act 2001 Section 44F(1)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 44F(1)﻿(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 44F(1)﻿(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 44F(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44F(2)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44F(2)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Family chattels not to be disposed of while proceedings pending Heading inserted 1 February 2002 section 51 Property (Relationships) Amendment Act 2001
45: Family chattels not to be disposed of
1: Where proceedings are pending under this Act, no party knowing that the proceedings are pending shall, without the leave of a Judge of the High Court or a District Court Judge or a Family Court Judge family
2: Any person who does any act in contravention of the provisions of this section commits an offence, and is liable on $2,000 1968 No 62 s 43 1971 No 59 s 7 Section 45(1) amended 1 February 2002 section 52(1)﻿(a) Property (Relationships) Amendment Act 2001 Section 45(1) amended 1 February 2002 section 52(1)﻿(b) Property (Relationships) Amendment Act 2001 Section 45(1) amended 1 October 1981 section 17(1) Family Courts Act 1980 Section 45(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 45(2) amended 1 February 2002 section 52(2) Property (Relationships) Amendment Act 2001 Protection of creditors
46: Protection of mortgagee
Subject to the provisions of sections 42 to 44 a spouse or partner provided that, notwithstanding anything in any enactment or in any instrument, no money payable under any such mortgage, security, charge, or encumbrance shall be called up or become due by reason of the making of any such order, not being an order directing the sale of any property. 1963 No 72 s 8 1968 No 61 s 10 Section 46 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 46 amended 1 February 2002 section 53 Property (Relationships) Amendment Act 2001
47: Agreements to defeat creditors void
1: Any agreement, disposition, or other transaction between spouses or partners partner
2: Any such agreement, disposition, or other transaction that was not so intended but that has the effect of defeating such creditors is void against such creditors and the Official Assignee during the period of 2 years after it is made, but only to the extent that it has that effect.
3: For the purposes of subsection (2), an agreement between spouses or partners
a: a situation described in section 25(2)
b: the agreement is made for the purpose of settling (wholly or in part) their rights under this Act with respect to that property.
4: Nothing in this section applies to any gift by one spouse or partner partner
5: This section applies regardless of any other provision of this Act. Section 47 replaced 1 February 2002 section 54 Property (Relationships) Amendment Act 2001 Section 47(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 47(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 47(3) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 47(4) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Further miscellaneous provisions Heading replaced 1 February 2002 section 55 Property (Relationships) Amendment Act 2001
48: Incidence of orders against personal representative of spouse
Section 48 repealed 1 February 2002 section 56 Property (Relationships) Amendment Act 2001
49: Legal capacity of married women
1: Except as provided in any enactment, the rights, privileges, powers, capacities, duties, and liabilities of a married woman shall, for all the purposes of the law of New Zealand (whether substantive, procedural, or otherwise), be the same in all respects as those of a married man, whether she is acting in a personal, official, representative, or fiduciary capacity.
2: This section shall apply to every married woman whether she was married before or after the commencement of this Act, and whether the marriage was solemnised in New Zealand or not, and whether she is or was at any relevant time domiciled in New Zealand or not.
50: No restraints upon anticipation
As from the commencement of this Act, no restriction upon anticipation or alienation attached to the enjoyment of any property, being a restriction preserved by section 4 of the Married Women's Property Act 1952
51: Proceedings in tort
1: Subject to this section, each of the parties to a marriage or civil union not married or in a civil union
2: Where one of the parties to a marriage , civil union, or de facto relationship , civil union, or de facto relationship
a: no substantial benefit, whether material or otherwise, would accrue to either party by the continuation of the proceedings; or
b: the proceedings are vexatious in character; or
c: the question or questions in issue could more conveniently be disposed of on an application made under this Act.
3: Without limiting the provisions of subsection (2)﻿(c), the court may in any such action exercise any power which could be exercised on an application under this Act or give such directions as it thinks fit for the disposal under this Act of any question arising in the proceedings.
4: In an action to which this section applies, judgment by default shall not be entered except with the leave of the court. An application for the grant of such leave must be served on the defendant.
5: In this section the term court the District Court, or the Family Court, but the District Court must 1963 No 72 s 4(1)–(4) Section 51(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 51(2) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 51(2) amended 1 February 2002 section 57 Property (Relationships) Amendment Act 2001 Section 51(5) inserted 1 October 1981 section 17(1) Family Courts Act 1980 Section 51(5) amended 1 March 2017 section 261 District Court Act 2016
52: Minors may apply without guardian
ad litem Notwithstanding any enactment or rule of law, a minor who is or has been married or in a civil union ad litem Section 52 amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
52A: Priority of claims where marriage
or civil union
1: This section applies in respect of relationship property if—
a: competing claims are made for property orders in respect of that property, one claim being in respect of a marriage or civil union, as the case may be,
b: there is insufficient property to satisfy the property orders made under this Act.
2: If this section applies, the relationship property is to be divided as follows:
a: if the marriage or civil union or civil union
b: if the marriage or civil union
i: to the extent possible, the property order relating to the marriage or civil union or civil union
ii: to the extent possible, the property order relating to the de facto relationship must be satisfied from the property that is attributable to that de facto relationship; and
iii: to the extent that it is not possible to attribute all or any of the property to either the marriage or civil union or civil union
3: For the purposes of this section, a marriage and a de facto relationship are successive if the de facto relationship begins during the marriage, but after the spouses cease to live together as a married couple
3A: For the purposes of this section, a civil union and a de facto relationship are successive if the de facto relationship begins during the civil union, but after the civil union partners cease to live together as civil union partners.
4: In this section, and in section 52B property order
a: means an order made under any of sections 25 to 31 33
b: includes a declaration made under section 25(3) Section 52A inserted 1 February 2002 section 58 Property (Relationships) Amendment Act 2001 Section 52A heading amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 52A(1)﻿(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 52A(2)﻿(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 52A(2)﻿(b) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 52A(2)﻿(b)﻿(i) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 52A(2)﻿(b)﻿(iii) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 52A(3) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 52A(3A) inserted 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
52B: Priority of claims where 2 de facto relationships
1: This section applies in respect of relationship property if—
a: competing claims are made for property orders in respect of that property but in relation to different de facto relationships; and
b: there is insufficient property to satisfy the property orders made under this Act.
2: If this section applies, the relationship property is to be divided as follows:
a: if the de facto relationships are successive, then in accordance with the chronological order of the de facto relationships:
b: if the de facto relationships were at some time contemporaneous, then,—
i: to the extent possible, the property orders must be satisfied from the property that is attributable to each de facto relationship; and
ii: to the extent that it is not possible to attribute all or any of the property to either de facto relationship, the property is to be divided in accordance with the contribution of each de facto relationship to the acquisition of the property. Section 52B inserted 1 February 2002 section 58 Property (Relationships) Amendment Act 2001
53: Rules of court and regulations
1: Rules may from time to time be made in the manner prescribed by the Senior Courts Act 2016 High Court
1A: Rules may be made under section 16A the Family Court of the Family Court
2: The Governor-General may from time to time, by Order in Council, make regulations under section 156
2A: The Governor-General may from time to time, by Order in Council, make regulations—
a:
b: making provision for determining the amount of fees and expenses payable to any person (other than the Registrar) appointed under subsection (1) or subsection (3) of section 38
ba: requiring the personal representative of a deceased spouse or partner partner partner partner
c: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
3: In addition to all other powers conferred by the District Court Act 2016
3A: Without limiting the generality of the powers conferred by subsections (1) and (3) or section 16A Family Court Act 1980
4: In the absence of any rules under this section, or in any situation not covered by those rules, the rules in relation to civil proceedings for the time being in force under the Senior Courts Act 2016
5: The following are secondary legislation ( see Part 3
a: regulations under subsection (2A):
b: rules under subsection (3).
6: See section 148 section 228 section 16A The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 53(1) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 53(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 53(1A) inserted 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 53(1A) amended 1 March 2017 section 261 District Court Act 2016 Section 53(2) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 53(2A) inserted 1 July 1994 Matrimonial Property Amendment Act 1994 Section 53(2A)﻿(a) repealed 31 March 2014 section 7 Property (Relationships) Amendment Act (No 2) 2013 Section 53(2A)﻿(ba) inserted 1 February 2002 section 59(2) Property (Relationships) Amendment Act 2001 Section 53(2A)﻿(ba) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 53(3) replaced 1 October 1981 section 17(1) Family Courts Act 1980 Section 53(3) amended 1 March 2017 section 261 District Court Act 2016 Section 53(3A) replaced 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 53(3A) amended 1 March 2017 section 261 District Court Act 2016 Section 53(4) replaced 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 53(4) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 53(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 53(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
53A: Power to prescribe specified sum
1: The Governor-General may from time to time, by Order in Council, prescribe the amount that is the specified sum for the purposes of section 20B
2: Until a different amount is prescribed under this section, the specified sum is $103,000
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 53A inserted 1 February 2002 section 60 Property (Relationships) Amendment Act 2001 Section 53A(2) amended 12 December 2002 clause 3 Property (Relationships) Specified Sum Order 2002 Section 53A(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
54: Exemption from stamp duty
Section 54 repealed 20 May 1999 section 7 Stamp Duty Abolition Act 1999
8: Division of property where one spouse or
partner Part 8 heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Part 8 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Application of this Part Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001
55: Application of this Part
1: This Part applies where—
a: a marriage has ended when one of the spouses dies; or
ab: a civil union has ended when one of the civil union partners dies; or
b: a de facto relationship has ended when one of the de facto partners dies.
2: This Part also applies if,—
a: after a marriage has ended by separation or dissolution, one of the spouses dies, and no proceedings under Part 7
ab: after a civil union has ended by separation or dissolution, one of the civil union partners dies, and no proceedings under Part 7
b: after a de facto relationship has ended (other than by the death of one of the de facto partners), one of the de facto partners dies, and no proceedings under Part 7 Section 55 replaced 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 55(1)﻿(ab) inserted 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 55(2)﻿(ab) inserted 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
56: Application to existing and future wills
In the application of this Act to a spouse or partner Section 56 replaced 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 56 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
57: Application under Law Reform (Testamentary Promises) Act 1949 or Family Protection Act 1955 not precluded
Nothing in this Act prevents a person from making an application under the Law Reform (Testamentary Promises) Act 1949 Family Protection Act 1955 partner Section 57 replaced 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 57 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Death of spouse or partner Insolvent deceased spouse or partner Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
58: Rights of creditors preserved
1: If, had this Act not been passed, any property would have become vested in an appointee (within the meaning of section 378(1) section 379 Part 6
2: If, had this Act not been passed, any property that is included in the estate of a deceased spouse or partner section 31 Section 58 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 58(1) replaced 3 December 2007 section 445 Insolvency Act 2006 Section 58(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
59: Payment of protected interest where estate insolvent
1: This section applies in the following cases:
a: if, after the death of a spouse or partner, the family home (including a homestead) or, if section 11A section 378(1) section 379 Part 6
b: if, after the death of a spouse or partner section 11A section 31
2: If this section applies, the appointee (in any case where subsection (1)﻿(a) applies) or the administrator of the estate of the deceased spouse or partner partner
a: the amount of the protected interest of the surviving spouse or partner
b: so much of that amount as remains after the appointee or, as the case requires, the administrator has paid the debts specified in subsection (3).
3: The debts referred to in subsection (2)﻿(b) are as follows:
a: any debts secured on the family home or homestead or, as the case may be, the proceeds of sale of the family home:
b: any unsecured debt incurred—
i: by the spouses or partners
ii: by the deceased spouse or partner
4: If, in any case to which this section applies, section 11B partner partner partner Section 59 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 59(1)﻿(a) replaced 3 December 2007 section 445 Insolvency Act 2006 Section 59(1)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 59(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 59(2)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 59(3)﻿(b)﻿(i) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 59(3)﻿(b)﻿(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 59(4) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Proceedings commenced while both spouses or partners Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Heading amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
60: Incidence of orders against personal representative of spouse or
partner
1: This section applies when—
a: proceedings are commenced while both spouses or partners
b: one spouse or partner
c: the court makes an order under this Act against the personal representative of the deceased spouse or partner
2: The incidence of any order made under this Act by the court against the personal representative of a deceased spouse or partner
3: However, the court may order that the incidence of the order—
a: falls rateably on the whole estate of the deceased; or
b: falls on any specified portion of the estate or on any specified property.
4: Where the court makes any order under subsection (3),—
a: the court has power to exonerate any part of the estate of the deceased from the incidence of the order made under this Act, after hearing such of the parties who may be affected by the exoneration as the court thinks necessary, and may for that purpose direct any personal representative to represent, or appoint any person to represent, any such party:
b: the court has power at any time to fix a periodical payment or lump sum to be paid by any beneficiary in the estate of the deceased to represent, or in commutation of, any liability under the order that falls upon the portion of the estate in which he or she is interested, and to exonerate that portion from further liability and to direct in what manner the payment is to be secured.
5: For the purposes of subsections (2) to (4), in cases where the authority of the court does not extend and cannot directly or indirectly be made to extend to the whole estate, the estate of the deceased includes only so much of it as is subject to the authority of the court.
6: Where the court makes any order under this Act against the personal representative of a deceased spouse or partner section 27 section 28 Law Reform (Testamentary Promises) Act 1949 Family Protection Act 1955
7: In proceedings commenced after the death of one of the spouses or partners section 94 Section 60 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 60 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 60(1)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 60(1)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 60(1)﻿(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 60(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 60(6) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 60(7) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Surviving spouse or partner Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
61: Surviving spouse or
partner
1: If one of the spouses or partners section 10D(1) partner
2: Option A is to elect to make an application under this Act for a division of the relationship property.
3: Option B is as follows:
a: to elect not to make an application under this Act for a division of the relationship property; and
b: if the surviving spouse or partner partner
c: if the surviving spouse or partner partner Section 61 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 61 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 61(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 61(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 61(3)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 61(3)﻿(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
62: Time limit for making choice
1: A surviving spouse or partner
a: if the estate of the deceased spouse or partner section 2
i: no later than 6 months after the date of the death of the deceased spouse or partner
ii: if administration of the estate is granted in New Zealand within that period, no later than 6 months after the grant of administration,— whichever is the later:
b: in any other case, the choice must be made no later than 6 months after administration of the estate of the deceased spouse or partner
2: Regardless of subsection (1), but subject to subsection (4), the court may extend the time for making that choice after hearing—
a: the applicant; and
b: any other persons who the court considers should be heard.
3: The court's power under this section extends to cases where the time for making the choice has already expired, including cases where it expired before the commencement, on 1 February 2002, of the Property (Relationships) Amendment Act 2001
4: The court may not grant an extension of time under subsection (2) unless the application for the extension is made before the final distribution of the estate of the deceased spouse or partner Section 62 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 62(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 62(1)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 62(1)﻿(a)﻿(i) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 62(1)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 62(4) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
63: Surviving spouse or
partner A surviving spouse or partner
a: the surviving spouse or partner
b: in the case of a surviving spouse or civil union partner section 64 Section 63 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 63 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 63 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 63(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 63(b) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
64: Position of surviving spouse or civil union partner if separation order made or marriage or civil union dissolved
A surviving spouse or civil union partner may apply under this Act for a division of the relationship property without having first chosen option A if he or she is in one of the following situations:
a: a separation order is in force in relation to the marriage or civil union when the deceased spouse or civil union partner dies
b: the marriage was ended while both spouses were alive by a legal process that occurred within or outside New Zealand:
c: the civil union was ended while both civil union partners were alive by a legal process that occurred within New Zealand. Section 64 replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 64(a) amended 1 November 2007 section 41 Wills Act 2007
65: How choice to be made
1: A surviving spouse or partner
2: The notice—
a: must be in the prescribed form; and
b: must include or be accompanied by a certificate—
i: signed by a lawyer; and
ii: certifying that the lawyer has explained to the surviving spouse or partner
c: must be lodged—
i: with the administrator of the estate of the deceased spouse or partner
ii: if administration of that estate has not been granted in New Zealand, in the registry of the High Court in which an application for a grant of administration of that estate would, under the High Court Rules 2016
3: A notice given under subsection (2) by a minor has effect as if the minor were of full age.
4: A choice of option is effective when a notice indicating the choice is lodged in accordance with subsection (2)﻿(c). Section 65 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 65(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 65(2)﻿(b)﻿(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 65(2)﻿(c)﻿(i) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 65(2)﻿(c)﻿(ii) amended 18 October 2016 section 183(c) Senior Courts Act 2016
66: Choice of option to be notified to certain persons
1: If a notice is lodged in accordance with section 65(2)﻿(c)﻿(ii) partner survivor
2: If, at the time of his or her death, the deceased spouse or partner section 64(2)
a: the registrar of that stock (if paragraph (b) does not apply); or
b: any person who has been registered as the holder of that stock in reliance on that section.
3: If, at the time of his or her death, the deceased spouse or partner section 64A
a: the directors of the company that issued the shares or debentures (if paragraph (b) does not apply); or
b: any person who has been registered as the holder of those shares or debentures in reliance on that section.
4: If the death of the deceased spouse or partner section 65
a: the person authorised under that section to make payment of that sum (if paragraph (b) does not apply); or
b: any person to whom that sum or part of that sum has been paid in reliance on that section (other than subsection (3)). Section 66 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 66(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 66(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 66(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 66(4) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
67: Choice irrevocable
1: Once a surviving spouse or partner
2: This section is subject to the court's power under section 69 Section 67 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 67(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
68: Effect of failure to make choice
1: If a surviving spouse or partner section 65 section 62(1) section 62(2)) partner
2: The court may, under section 69 Section 68 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 68(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
69: Chosen option may be set aside
1: If a surviving spouse or partner partner
2: The court may set aside a choice of option only if—
a: it is satisfied that any of the following apply:
i: that the choice of option was not freely made:
ii: that the surviving spouse or partner
iii: that since the choice of option was made, the surviving spouse or partner
iv: that since the choice of option was made, a person (other than the surviving spouse or partner Law Reform (Testamentary Promises) Act 1949 Family Protection Act 1955 partner
b: having regard to all the circumstances, it is satisfied that it would be unjust to enforce the choice of option.
3: In deciding whether or not to set aside a choice of option, the court must have regard to the following matters:
a: the circumstances in which the choice of option was made:
b: the length of time since the choice was made:
c: any other matters that the court considers relevant. Section 69 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 69(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 69(2)﻿(a)﻿(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 69(2)﻿(a)﻿(iii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 69(2)﻿(a)﻿(iv) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
70: Choice may not be set aside if estate finally distributed
The court may not set aside a choice of option under section 69 partner Section 70 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 70 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Distribution of estates Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001
71: Distribution of estate before choice made
1: The administrator or trustee of the estate of a deceased spouse or partner
a: the expiry of 6 months after administration of that estate is granted in New Zealand; or
b: the surviving spouse or partner whichever happens first.
2: Despite subsection (1), a distribution may be made in the following cases:
a: where section 47(2)
b: where the surviving spouse or partner
c: where the court, on application made to it for the purpose, approves the distribution. Section 71 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 71(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 71(1)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 71(2)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
72: Distribution of estate after choice made but before proceedings commenced
1: If a surviving spouse or partner partner
a: the surviving spouse or partner
b: the expiry of the period specified in section 62(1) whichever happens first.
2: Despite subsection (1), a distribution may be made in any of the cases referred to in section 71(2) Section 72 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 72(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 72(1)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
73: Distribution of estate while proceedings pending
1: The administrator or trustee of the estate of a deceased spouse or partner
2: Despite subsection (1), a distribution may be made in any of the cases referred to in section 71(2)
3: For the purposes of this section, proceedings are pending—
a: from the date on which the proceedings are commenced until—
i: the proceedings are finally determined; or
ii: the proceedings are withdrawn,— whichever happens first; and
b: on and from the date on which the proceedings are finally determined until—
i: the time for appealing against the decision of the court expires, if no such appeal has been commenced; or
ii: if an appeal against the decision of the court is commenced, when the appeal is finally determined or is withdrawn, whichever occurs first; and
c: while any further right of appeal (whether to the Court of Appeal or to the Supreme Court Section 73 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 73(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 73(3)﻿(c) amended 1 January 2004 section 48(1) Supreme Court Act 2003
74: Distribution of estate not to be disturbed
1: This section applies where any part of the estate of a deceased spouse or partner
a: before the personal representative of that spouse or partner
i: under section 62(2)
ii: under section 69
iii: under section 77 partner partner
iv: under section 89(2) section 90(2)
b: after every notice (if any) of an intention to make an application has lapsed in accordance with section 48(1)
2: Where this section applies,—
a: the making of the application does not disturb the distribution; and
b: no order made in respect of the application may disturb the distribution; and
c: no action lies against the personal representative for having made the distribution. Section 74 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 74(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 74(1)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 74(1)﻿(a)﻿(iii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Effect of choice of division under this Act (option A) Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001
75: Effect on application of Act of choice of division under this Act
If the surviving spouse or partner
a: sections 76 to 78
b: sections 2 to 53A sections 79 to 94 Section 75 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 75 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
76: Effect on will or intestacy of choice of division under this Act
1: Unless the will (if any) of the deceased spouse or partner
a: every gift to the surviving spouse or partner partner
b: the will of the deceased spouse or partner partner partner
c: the estate of the deceased spouse or partner
2: The reference in subsection (1)﻿(a) to gifts to the surviving spouse or partner partner partner partner partner
3: The surviving spouse or partner Part 3
4: This section is subject to section 77 Section 76 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 76(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 76(1)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 76(1)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 76(1)﻿(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 76(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 76(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
77: Court may permit surviving spouse or
partner
1: Despite section 76 partner
a: order that the surviving spouse or partner partner partner
b: order that the surviving spouse or partner partner partner
2: If the court makes an order under this section, the estate of the deceased spouse or partner
3: The court may not make an order under this section unless the application under this section is made before the final distribution of the estate of the deceased spouse or partner Section 77 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 77 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 77(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 77(1)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 77(1)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 77(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 77(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
78: Priority of entitlement of surviving spouse or
partner
1: The entitlement of a surviving spouse or partner
a: any beneficial interest to which any person is entitled under the will (if any) of the deceased spouse or partner
b: any beneficial interest to which any person is entitled on the intestacy or partial intestacy of the deceased spouse or partner
c: any order made in respect of the estate of the deceased spouse or partner Family Protection Act 1955 Law Reform (Testamentary Promises) Act 1949
d: all duties and fees payable in respect of the estate of the deceased spouse or partner
2: Despite subsection (1), the following have priority over the entitlement of a surviving spouse or partner
a: all debts properly incurred by the personal representative of the deceased spouse or partner partner
b: the reasonable funeral expenses of the deceased spouse or partner Section 78 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 78 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 78(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 78(1)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 78(1)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 78(1)﻿(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 78(1)﻿(d) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 78(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 78(2)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 78(2)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Sections modifying or affecting earlier sections in proceedings commenced after death of spouse or partner Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
79: Date at which shares determined
1: For the purposes of this Act, the share of a spouse or partner
a: if the marriage , civil union, partners , civil union,
b: if the marriage , civil union, partners partner
2: This section is subject to Part 6 section 87 Section 79 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 79(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 79(1)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 79(1)﻿(a) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 79(1)﻿(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 79(1)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 79(1)﻿(b) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005
80: Classification of property
1: This section applies where the classification of any property as relationship property or as any particular type of relationship property depends on the use to which it has been put.
2: Where this section applies, that classification is to be determined,—
a: if the marriage , civil union, partners
b: if the marriage , civil union, partners partner Section 80 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 80(2)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 80(2)﻿(a) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 80(2)﻿(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 80(2)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 80(2)﻿(b) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005
81: Presumption that property of deceased spouse or
partner
1: All the property that was owned by the deceased spouse or partner
2: A person who asserts that any property to which the presumption in subsection (1) applies is not relationship property has the burden of proving that assertion.
3: This section is subject to Part 6 section 87
4: Nothing in this section applies to property to which section 10(2) Section 81 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 81 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 81(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
82: Presumption that property acquired by estate of deceased spouse or
partner
1: Property acquired by the estate of the deceased spouse or partner
2: A person who asserts that any property to which the presumption in subsection (1) applies is not relationship property has the burden of proving that assertion.
3: This section is subject to Part 6 section 87
4: Nothing in this section applies to property to which section 10(2) Section 82 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 82 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 82(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
83: Relationship property defined
1: If, on the death of a spouse or partner partner partner
a: that property is not automatically to be treated as the separate property of the surviving spouse or partner
b: the status of the property as relationship property or separate property is to be determined according to the status it would have had if the deceased spouse or partner
2: This section is subject to Part 6 section 87 Section 83 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 83(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 83(1)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 83(1)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
84: Separate property defined
All property acquired by the surviving spouse or partner partner Section 84 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 84 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
85: Marriages
, civil unions,
1: If a marriage or civil union section 2E or civil union partner sections 11 to 13
2: Section 14 or civil union or civil union sections 11 to 12
3: If a de facto relationship is a relationship of short duration (as defined in section 2E
a: the court is satisfied—
i: that there is a child of the de facto relationship; or
ii: that the surviving de facto partner or, on an application made by the deceased de facto partner's personal representative, the deceased de facto partner has made a substantial contribution to the de facto relationship; and
b: the court is satisfied that failure to make the order would result in serious injustice.
4: If subsection (3) applies, and the court is satisfied that the grounds specified in that subsection for making an order on an application made under this Act are made out, the share of the surviving de facto partner and of the deceased de facto partner's estate in the relationship property is to be determined in accordance with the contribution of each de facto partner to the de facto relationship. Section 85 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 85 heading amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 85(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 85(2) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
86: Compensation for actions after separation or death
1: If this Part applies, then for the purposes of sections 18B 18C relevant period
a: if the spouses or partners
b: if the spouses or partners partner
2: The court may exercise the power in section 18B(2) partners partner , civil union, partners
3: The court may exercise the power in section 18C(2)
a: the personal representative of the deceased spouse or partner
b: the surviving spouse or partner Section 86 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 86(1)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 86(1)﻿(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 86(1)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 86(2) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 86(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 86(2) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 86(3)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 86(3)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
87: Surviving spouse or
partner
1: This section applies if—
a: the spouses or partners section 21
b: one of them dies.
2: If this section applies,—
a: the surviving spouse or partner
i: to have the agreement declared void for non-compliance with a requirement of section 21F
ii: to have the agreement set aside under section 21J
b: the surviving spouse or partner section 61
3: In deciding, under section 21J partner
4: This section is subject to section 47 Section 87 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 87 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 87(1)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 87(2)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 87(2)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 87(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
88: Who can apply
1: The following persons may apply for an order under section 25(1)﻿(a) or (b)
a: the surviving spouse or partner
b: any person on whom conflicting claims in respect of property are made by the surviving spouse or partner partner
2: The personal representative of the deceased spouse or partner section 25(1)﻿(a)
3: The following persons may apply for an order under section 25(1)﻿(b)
a: the personal representative of the deceased spouse or partner
b: the Official Assignee in bankruptcy of the property of either spouse or partner
c: an appointee (within the meaning of section 378(1) section 379
4: Subsection (2) section 12 Section 88 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 88(1)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 88(1)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 88(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 88(3)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 88(3)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 88(3)﻿(c) replaced 3 December 2007 section 445 Insolvency Act 2006 Section 88(4) inserted 17 November 2007 section 17 Succession (Homicide) Act 2007
89: Time for commencement of proceedings
1: Proceedings may be commenced after the death of one of the spouses or partners if,—
a: at the date of the death of the deceased spouse or partner, the spouses or partners are living together; or
b: in the case of de facto partners, at the date of the death of the deceased de facto partner, the de facto partners are not living together; or
c: in the case of spouses or civil union partners, at the date of the death of the deceased spouse or civil union partner the following circumstances exist:
i: the spouses or civil union partners are not living together; and
ii: the marriage or civil union has not been dissolved by an order dissolving the marriage or civil union, and an order has not been made declaring the marriage or civil union to be void ab initio
d: in the case of spouses or civil union partners, at the date of the death of the deceased spouse or civil union partner the following circumstances exist:
i: the spouses or civil union partners are not living together; and
ii: the marriage or civil union has been dissolved by an order dissolving the marriage or civil union, or an order declaring the marriage or civil union to be void ab initio
iii: not more than 12 months have elapsed since the taking effect as a final order of the order dissolving the marriage or civil union or the date of the making of the order declaring the marriage or civil union to be void ab initio
e: in the case of spouses or civil union partners, at the date of the death of the deceased spouse or civil union partner the following circumstances exist:
i: the spouses or civil union partners are not living together; and
ii: the marriage or civil union has been dissolved by an order dissolving the marriage or civil union, or an order declaring the marriage or civil union to be void ab initio
iii: more than 12 months have elapsed since the taking effect as a final order of the order dissolving the marriage or civil union or the date of the making of the order declaring the marriage or civil union to be void ab initio section 24(2)
2: The court's power to grant an extension under section 24(2) Property (Relationships) Amendment Act 2001 Section 89 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 89(1) replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
90: Time limits for commencing proceedings
1: Proceedings must be commenced within the following time limits:
a: if the estate of the deceased spouse or partner section 2
i: no later than 12 months after the date of the death of the deceased spouse or partner
ii: if administration of the estate is granted in New Zealand within that period, no later than 12 months after the grant of administration,— whichever is the later:
b: in any other case, the proceedings must be commenced no later than 12 months after administration of the estate of the deceased spouse or partner
2: Regardless of subsection (1), but subject to subsection (3), the court may extend the time for commencing proceedings after hearing—
a: the applicant; and
b: any other persons who have an interest in the property that would be affected by the order sought and who the court considers should be heard.
3: The court's power under this section extends to cases where the time for commencing proceedings has already expired, including cases where it expired before the commencement, on 1 February 2002, of the Property (Relationships) Amendment Act 2001
4: The court may not grant an extension of time under subsection (2) unless the application for the extension is made before the final distribution of the estate of the deceased spouse or partner Section 90 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 90(1)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 90(1)﻿(a)﻿(i) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 90(1)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 90(4) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
91: Qualifications on application of sections 25 to 34 and 43 to 44F
1: The court must not make an order in proceedings commenced after the death of one of the spouses or partners partners
2: When the court makes an order under section 27(1) partner
3: The court may not make an order under section 28 partner
a: at the time of the making of the order, the tenancy of the dwellinghouse is vested in the personal representative of the deceased spouse or partner
b: either—
i: at the time of the making of the order, the surviving spouse or partner
ii: at the date of the death of the deceased spouse or partner partner partner Section 91 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 91(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 91(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 91(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 91(3)﻿(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 91(3)﻿(b)﻿(i) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 91(3)﻿(b)﻿(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
92: Persons entitled to be heard
In section 37(1) any person having an interest in the property which would be affected by the order partner Section 92 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 92 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
93: Appeals
In section 39(2) any other person prejudicially affected partner Section 93 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 93 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 93 amended 24 November 2003 section 4 District Courts Amendment Act 2002
94: Incidence of orders against personal representative of spouse or
partner
1: This section applies when—
a: proceedings are commenced after the death of one of the spouses or partners
b: the court makes an order under this Act against the personal representative of the deceased spouse or partner
2: The incidence of any order made under this Act by the court against the personal representative of a deceased spouse or partner
3: However, the court may order that the incidence of the order—
a: falls rateably on the whole estate of the deceased; or
b: falls on any specified portion of the estate or on any specified property.
4: Where the court makes any order under subsection (3),—
a: the court has power to exonerate any part of the estate of the deceased from the incidence of the order made under this Act, after hearing such of the parties who may be affected by the exoneration as the court thinks necessary, and may for that purpose direct any personal representative to represent, or appoint any person to represent, any such party:
b: the court has power at any time to fix a periodical payment or lump sum to be paid by any beneficiary in the estate of the deceased to represent, or in commutation of, any liability under the order that falls upon the portion of the estate in which he or she is interested, and to exonerate that portion from further liability and to direct in what manner the payment is to be secured.
5: For the purposes of subsections (2) to (4), in cases where the authority of the court does not extend and cannot directly or indirectly be made to extend to the whole estate, the estate of the deceased includes only so much of it as is subject to the authority of the court.
6: Where the court makes any order under this Act against the personal representative of a deceased spouse or partner section 27 section 28 Law Reform (Testamentary Promises) Act 1949 Family Protection Act 1955 Section 94 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 94 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 94(1)﻿(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 94(1)﻿(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 94(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 94(6) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Effect of choice of will or intestacy (option B) Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001
95: Effect on application of Act of choice of will or intestacy
1: If the surviving spouse or partner sections 20 to 20F sections 58 59 partner Part 3
2: To avoid any doubt, the fact that a surviving spouse or partner partner Part 3 Section 95 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 95(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 95(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
9: Transitional provisions and savings
Part 9 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Transitional provisions Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001
96: Transitional provisions applying on and from 1 February 1977
1: If an application relates to the relationship property of a marriage that took place before 1 February 1977, the court must, in dealing with the application, have regard to any agreement entered into before 1 February 1977 by the parties to the marriage. This subsection applies despite Part 6 section 98(3)
2: If—
a: proceedings were commenced under the Matrimonial Property Act 1963 Part 8 of the Matrimonial Proceedings Act 1963
b: the hearing of the proceedings commenced before 1 February 1977,— the proceedings continue as if this Act had not been passed, unless the parties agree to the proceedings continuing under this Act.
3: If—
a: proceedings were commenced under the Matrimonial Property Act 1963 Part 8 of the Matrimonial Proceedings Act 1963
b: the hearing of the proceedings had not commenced before 1 February 1977,— the proceedings continue under this Act.
4: Proceedings commenced before 1 February 1977 that are continued under this Act are continued as if the Property (Relationships) Amendment Act 2001 Section 96 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001
97: Transitional provisions applying on and from 1 February 2002
1: If—
a: proceedings were commenced on or after 1 February 1977 and before 1 February 2002; and
b: the hearing of the proceedings commenced before 1 February 2002,— the proceedings continue as if the Property (Relationships) Amendment Act 2001
2: If—
a: proceedings were commenced on or after 1 February 1977 and before 1 February 2002; and
b: the hearing of the proceedings had not commenced before 1 February 2002,— the proceedings continue under this Act as amended by the Property (Relationships) Amendment Act 2001
3: If proceedings were commenced under the Matrimonial Property Act 1963 on or after 1 February 1977 and before 1 February 2002 by—
a: the surviving spouse against the deceased spouse's personal representative; or
b: the deceased spouse's personal representative against the surviving spouse; or
c: the personal representative of one spouse against the personal representative of the other spouse,— the proceedings continue as if this Act had not repealed the Matrimonial Property Act 1963
4: If, before 1 February 2002,—
a: proceedings were commenced while both spouses were alive; and
b: the hearing of the proceedings did not commence; and
c: one spouse dies or both spouses die,— the proceedings continue under this Act, except sections 61 to 95 Property (Relationships) Amendment Act 2001
5: If, before 1 February 2002,—
a: proceedings were commenced while both spouses were alive; and
b: the hearing of the proceedings commenced; and
c: one spouse dies or both spouses die,— the proceedings continue under this Act, as if this Act had not been amended by the Property (Relationships) Amendment Act 2001
6: If proceedings were commenced in the High Court before 1 February 2002, the proceedings continue in that court, whether or not the hearing of the proceedings commenced before 1 February 2002. Section 97 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001
97A: Transitional provisions applying in respect of section 2BAA
1: In this section, specified date Property (Relationships) Amendment Act 2008
2: Where the hearing of any proceedings in which the duration of a civil union is in issue commenced before the specified date, the proceedings continue as if section 2BAA
3: Where the hearing of any proceedings in which the duration of a civil union is in issue commenced after the specified date, the proceedings continue as if section 2BAA Section 97A inserted 18 May 2009 section 7 Property (Relationships) Amendment Act 2008 Savings Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001
98: Savings applying on and from 1 February 1977
1: Nothing in this Act affects any order made before 1 February 1977 under section 41 or section 44 of the Matrimonial Proceedings Act 1963
2: Nothing in this Act invalidates any payment made or any act or thing done in good faith before 1 February 1977 by the personal representative of a deceased spouse.
3: Nothing in this Act affects the validity of any agreement entered into before 1 February 1977 by way of settlement of any question that has arisen in relation to relationship property, and every such agreement has effect as if this Act had not been passed. Section 98 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001
99: Savings applying on and from 1 February 2002
The death of a spouse or de facto partner does not affect the validity or effect of anything already done or suffered under this Act or under the Matrimonial Property Act 1963 Section 99 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001