4A Restrictions on orders in favour of certain de facto partners


This section applies to a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death if the de facto relationship is a relationship of short duration as defined in section 2 of the Property (Relationships) Act 1976.


The court cannot make an order under this Act in favour of a de facto partner to whom this section applies unless—


the court is satisfied—


that there is a child of the de facto relationship; or


that the de facto partner has made a substantial contribution to the de facto relationship; and


the court is satisfied that failure to make the order would result in serious injustice to the de facto partner.


In subsection (2), child of the de facto relationship and contribution have the same meanings as they have in section 2 of the Property (Relationships) Act 1976.

Section 4A: inserted, on 1 February 2002 (applying only in respect of the estates of persons who die on or after that date), by section 7 of the Family Protection Amendment Act 2001 (2001 No 8).