Property (Relationships) Act 1976

15A Orders where spouse or partner has contributed to increase in value of separate property

  • (1) This section applies if, on the division of relationship property, the court is satisfied—

    • (a) that, after the marriage, civil union, or de facto relationship ends, the income and living standards of one spouse or partner (party B) are likely to be significantly higher than the other spouse or partner (party A) because of the effects of the division of functions within the marriage, civil union, or de facto relationship while the spouses or partners were living together; and

    • (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 were living together.

    (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, but overrides sections 11 to 14A.

    Section 15A: inserted, on 1 February 2002, by section 17 of the Property (Relationships) Amendment Act 2001 (2001 No 5).

    Section 15A heading: amended, on 26 April 2005, by section 3(2) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

    Section 15A(1)(a): amended, on 26 April 2005, by section 3(1) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

    Section 15A(1)(a): amended, on 26 April 2005, by section 3(2) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

    Section 15A(1)(a): amended, on 26 April 2005, by section 3(3) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

    Section 15A(1)(b): amended, on 26 April 2005, by section 3(1) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

    Section 15A(2)(a): amended, on 26 April 2005, by section 3(2) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

    Section 15A(2)(b): substituted, on 26 April 2005, by section 3(4) of the Property (Relationships) Amendment Act 2005 (2005 No 19).