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.

This Part is intended only as a guide to the general scheme and effect of this Act.

(1) This Act is mainly about how the property of married couples and civil union couples and couples who have lived in a de facto relationship is to be divided up when they separate or one of them dies.

(2) This Act applies differently depending on the length of the marriage between the husband and wife or the civil union between the civil union partners or the de facto relationship between the de facto partners:

• (a) in the case of marriages and civil unions, special rules apply to marriages and civil unions of less than 3 years:

• (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.

(1) This Act is arranged in Parts, as follows:

• (a) Part 1—outline of this Act:

• (b) Part 2—preliminary provisions:

• (c) Part 3—application of this Act:

• (d) Part 4—division of relationship property:

• (e) Part 5—relationship property and creditors:

• (f) Part 6—contracting out:

• (g) Part 7—proceedings under this Act:

• (h) Part 8—division of property where one spouse or partner dies:

• (i) Part 9—transitional provisions and savings.

(2) Sections 1E to 1L summarise what each Part (other than this Part) contains.

Part 2 contains provisions dealing with interpretation and with the application of this Act. Among other things, it—

• (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.

(1) Part 3 identifies—

• (a) which provisions of this Act apply with respect to the division of relationship property while both spouses or partners are alive; and

• (b) which provisions of this Act apply with respect to the division of relationship property when one spouse or partner dies.

(2) Part 3 also—

• (a) sets out how this Act applies in various other circumstances (such as when one of the spouses or partners is declared bankrupt):

• (b) sets out what happens if proceedings are commenced while both spouses or partners are alive, and one or both of them die before the proceedings are completed.

Part 4 sets out how the property of a husband and wife or civil union partners or de facto partners is to be divided when they separate and cannot agree on the matter. It deals with matters like—

• (a) on what basis is the relationship property to be divided?

• (b) what happens if the spouses or partners have been living together for less than 3 years?

• (c) can the court do anything to redress any disparities between the income and living standards of the spouses or partners after the marriage, civil union, or de facto relationship ends?

• (d) how are the different contributions of the spouses to the marriage, or of the partners to the civil union, or of the de facto partners to the de facto relationship, assessed?

Part 5 sets out how this Act affects the secured and unsecured creditors of the spouses or partners. It deals with matters like—

• (a) what rights do secured and unsecured creditors have against the spouses or partners, and against property owned by the spouses or partners?

• (b) to what extent is the share of one spouse or partner reduced by the fact that the other spouse or partner has unsecured personal debts?

Part 6 deals with the rights of spouses or partners to decide themselves how their property is to be divided. It deals with matters like—

• (a) does a property agreement between the spouses or partners have to be in writing?

• (b) do the spouses or partners need legal advice about entering into a property agreement?

• (c) can a court overrule a property agreement?

(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; and

• (b) sets out the procedures that apply to court proceedings under this Act; and

• (c) deals with some general issues.

(2) Part 7 deals with matters like—

• (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 attempt to defeat their creditors by disposing of property?

Part 8 sets out how the property of a husband and wife, civil union partners, or de facto partners is to be divided when one of them dies. It deals with matters like—

• (a) what if the deceased spouse or partner has left a will?

• (b) can the estate of the deceased spouse or partner make a claim against the spouse or partner who is still alive?

• (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 and the Family Protection Act 1955)?

Part 9 contains—

• (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.

The purpose of this Act is—

• (a) to reform the law relating to the property of married couples and civil union couples, and of couples who live together in a de facto relationship:

• (b) to recognise the equal contribution of husband and wife to the marriage partnership, of civil union partners to the civil union, and of de facto partners to the de facto relationship partnership:

• (c) to provide for a just division of the relationship property between the spouses or partners when their relationship ends by separation or death, and in certain other circumstances, while taking account of the interests of any children of the marriage or children of the civil union or children of the de facto relationship.

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, or the de facto relationship partnership, are treated as equal:

• (c) the principle that a just division of relationship property has regard to the economic advantages or disadvantages to the spouses or partners arising from their marriage, civil union, or de facto relationship or from the ending of their marriage, civil union, or de facto relationship:

• (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.

In this Act, unless the context otherwise requires,—

(1) In this Act, marriage includes a marriage that—

• (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, and wife each has a corresponding meaning.

(2) For the purposes of this Act, the marriage of a husband and wife ends if—

• (a) they cease to live together as husband and wife; or

• (b) their marriage is dissolved; or

• (c) one of them dies.

(1) In this Act, civil union includes a civil union that—

• (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.

For the purposes of this Act, if a marriage was immediately preceded by a de facto relationship between the husband (A) and the wife (B), the de facto relationship must be treated as if it were part of the marriage.

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 and B), the de facto relationship must be treated as if it were part of the civil union.

For the purposes of this Act,—

• (a) if a marriage was immediately preceded by a civil union between the husband and the wife, the civil union must be treated as if it were part of the marriage; and

• (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.

For the purposes of this Act, a person is another person's de facto partner if they have a de facto relationship with each other.

(1) For the purposes of this Act, a de facto relationship is a relationship between 2 persons (whether a man and a woman, or a man and a man, or a woman and a woman)—

• (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, one another.

(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.

(1) In this Act, relationship of short duration means,—

• (a) in relation to a marriage, a marriage in which the husband and wife have lived together as husband and wife—

  • (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, considers it just to treat the marriage as a relationship of short duration:

• (ab) in relation to a civil union, a civil union in which the civil union partners have lived together as civil union 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 civil union, considers it just to treat the civil union as a relationship of short duration:

• (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), (ab)(i), and (b)(i) of subsection (1), in computing the period for which the parties have lived together as husband and wife, civil union partners, or as de facto partners, the court may exclude a period of resumed cohabitation that has the motive of reconciliation and is no longer than 3 months.

(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, this section is modified by section 79.

(3) This section is subject to Part 6.

(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 may, in its discretion, decide that the value of the property is to be determined as at another date.

(3) This section is subject to Part 6.

(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; or

• (b) if the marriage, civil union, or de facto relationship has ended (other than by the death of one of the spouses or partners), by the use to which it was being put before the marriage, civil union, or de facto relationship ended.

(3) In proceedings commenced after the death of one of the spouses or partners, this section is modified by section 80.

This Act shall bind the Crown.

(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 in respect of property; and

• (b) in cases for which this Act provides, to transactions—

  • (i) between both spouses or partners and third persons; and

  • (ii) between either spouse or partner and third persons.

(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 husband and wife, civil union partners, or de facto 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, or between either or both of them and any other person, the question must be decided as if it had been raised in proceedings under this Act.

(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) in respect of any relationship property of de facto partners to whom subsection (5) applies, and any question relating to relationship property arises between those de facto partners in any subsequent proceedings that are not proceedings under this Act, then—

• (a) subsection (5) does not apply; and

• (b) the question must be decided as if it had been raised in proceedings under this Act.

Every enactment must be read subject to this Act, unless this Act or the other enactment expressly provides to the contrary.

(1) Nothing in section 4 or section 4A affects the law that applies where either spouse or partner is acting as trustee under any deed or will.

(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 and 4A had not been passed.

(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.

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.

Nothing in this Act shall apply in respect of any Maori land within the meaning of Te Ture Whenua Maori Act 1993.

(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 is domiciled in New Zealand—

• (a) at the date of an application made under this Act; or

• (b) at the date of any agreement between the spouses or partners relating to the division of their property; or

• (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.

(1) This Act applies in any case where the spouses or partners agree in writing that it is to apply.

(2) Subject to subsections (1) and (3), this Act does not apply to any relationship property if—

• (a) the spouses or partners have agreed, before or at the time their marriage, civil union, or de facto relationship began, that the property law of a country other than New Zealand is to apply to that property; and

• (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.

(1) Relationship property shall consist of—

• (a) the family home whenever acquired; and

• (b) the family chattels whenever acquired; and

• (c) all property owned jointly or in common in equal shares by the husband and the wife or by the partners; and

• (d) all property owned by either spouse or partner immediately before their marriage, civil union, or de facto relationship began, if—

  • (i) the property was acquired in contemplation of the marriage, civil union, or de facto relationship; and

  • (ii) the property was intended for the common use or common benefit of both spouses or partners; and

• (e) subject to sections 9(2) to (6), 9A, and 10, all property acquired by either spouse or partner after their marriage, civil union, or de facto relationship began; and

• (ee) subject to sections 9(3) to (6), 9A, and 10, all property acquired, after the marriage, civil union, or de facto relationship began, for the common use or common benefit of both spouses or partners, if—

  • (i) the property was acquired out of property owned by either spouse or partner or by both of them before the marriage, civil union, or de facto relationship began; or

  • (ii) the property was acquired out of the proceeds of any disposition of any property owned by either spouse or partner or by both of them before the marriage, civil union, or de facto relationship began; and

• (f) [Repealed]

• (g) the proportion of the value of any life insurance policy (as defined in section 2), or of the proceeds of such a policy, that is attributable to the marriage, civil union, or de facto relationship; and

• (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) that is attributable to the marriage, civil union, or de facto relationship; and

• (j) all other property that is relationship property under an agreement made under Part 6; and

• (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, this section is modified by section 83.

(1) All property of either spouse or partner that is not relationship property is separate property.

(2) Subject to sections 8(1)(ee), 9A(3), and 10, all property acquired out of separate property, and the proceeds of any disposition of separate property, are separate property.

(3) Subject to section 9A, any increase in the value of separate property, and any income or gains derived from separate property, are separate property.

(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 while they are not living together as husband and wife or as civil union partners or as de facto partners:

• (b) all property acquired, after the death of one spouse or partner, by the surviving spouse or partner, as provided in section 84.

(5) Subject to subsection (6), all property acquired by either spouse or partner after an order of the court (other than an order made under section 25(3)) has been made defining the respective interests of the spouses or partners in the relationship property, or dividing or providing for the division of that property, is separate property.

(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 after the discharge of that spouse or partner from bankruptcy may be 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, then—

• (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 in that relationship property is to be determined in accordance with the contribution of each spouse or partner to the increase in value or (as the case requires) the income or gains.

(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 that owns, receives, or is entitled to them; and

• (b) for the acquisition or improvement of, or to increase the value of, or the amount of any interest of either spouse or partner in, any property referred to in section 8(1).

(4) Subsection (3) is subject to section 10.

(1) Subsection (2) applies to the following property:

• (a) property that a spouse or partner acquires from a third person—

  • (i) by succession; or

  • (ii) by survivorship; or

  • (iii) by gift; or

  • (iv) because the spouse or partner is a beneficiary under a trust settled by a third person:

• (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 who received it, the property or the proceeds of any disposition of it have been so intermingled with other relationship property that it is unreasonable or impracticable to regard that property or those proceeds as separate property.

(3) Property that one spouse or partner acquires by gift from the other spouse or partner is not relationship property unless the gift is used for the benefit of both spouses or partners.

(4) Regardless of subsections (2) and (3) and section 9(4), both the family home and the family chattels are relationship property, unless designated separate property by an agreement made in accordance with Part 6.

This Act (other than Part 8) applies to the division of relationship property between the spouses or partners when a situation described in section 25(2) arises while both spouses or partners are alive.

(1) This Act (including Part 8) applies to the division of relationship property between spouses or partners when—

• (a) one of the spouses or partners dies on or after 1 February 2002 (except in the situation described in section 10D(1)); or

• (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) arose while both spouses or partners were alive.

This Act also applies—

• (a) in the circumstances described in sections 4(4), 4(6), 21H, 43(1), 44(1), 45(1), and 51(2), while both spouses or partners are alive and after the death of one of the spouses or partners:

• (b) in the circumstances described in sections 25(3) and 28(1), while both spouses or partners are alive and after the death of one of the spouses or partners (although the sections are modified in proceedings commenced after the death of one of the spouses or partners):

• (c) in the circumstances described in sections 20 to 20F,—

  • (i) while both spouses or partners are alive; and

  • (ii) if a spouse or partner is subject to sections 20 to 20F at the date of his or her death, after the death of the spouse or partner; and

  • (iii) if a surviving spouse or partner is declared bankrupt after the death of the other spouse or partner, after the death of the other spouse or partner:

• (d) in the circumstances described in sections 58 and 59, after the death of one of the spouses or partners:

• (e) in the circumstances described in section 87, after the death of one of the spouses or partners.

(1) If proceedings under this Act, or to which this Act applies, are commenced while both spouses or partners are alive, and one of them dies, or they both die, before the proceedings are completed, the proceedings continue under this Act, except sections 61 to 95.

(2) Nothing in subsection (1) prevents any proceedings from being discontinued.

(3) If a surviving spouse or partner chooses, under section 61, to apply under this Act for a division of the relationship property,—

• (a) sections 76 to 78 apply to the proceedings; and

• (b) sections 2 to 53A apply to the proceedings, but some of those sections are modified or affected by sections 79 to 94.

(1) On the division of relationship property under this Act, each of the spouses or partners is entitled to share equally in—

• (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.

(1) If the family home has been sold, each spouse or partner is entitled to share equally in the proceeds of the sale as if they were the family home, if the following conditions are satisfied:

• (a) either spouse or partner or both of them have sold the family home with the intention of applying all or part of the proceeds of the sale towards the acquisition of another home as a family home:

• (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.

(1) This section applies where—

• (a) section 11A does not apply; and

• (b) either—

  • (i) there is no family home; or

  • (ii) the family home is not owned by one of the spouses or partners or both of them.

(2) Where this section applies, the court must award each spouse or partner an equal share in such part of the relationship property as it thinks just in order to compensate for the absence of an interest in the family home.

(3) This section is subject to sections 12 to 17A.

(1) If the family home is a homestead that is owned by either spouse or partner or both of them, section 11(1)(a) does not apply.

(2) Instead, each spouse or partner is entitled to share equally in a sum of money equal to the equity of either spouse or partner or both of them in the homestead.

(3) If a spouse or partner does not have a beneficial interest in the land on which the homestead is situated, that spouse or partner is deemed to be beneficially interested in that land until his or her share of that sum is paid or otherwise satisfied.

(4) This section is subject to sections 13 to 17A.

For the purposes of section 12, a homestead's value is to be determined by ascertaining the capital value of the land on which the homestead is situated, and apportioning that value between the homestead and the remainder of that land.

(1) If the court considers that there are extraordinary circumstances that make equal sharing of property or money under section 11 or section 11A or section 11B or section 12 repugnant to justice, the share of each spouse or partner in that property or money is to be determined in accordance with the contribution of each spouse to the marriage or of each civil union partner to the civil union or of each de facto partner to the de facto relationship.

(2) This section is subject to sections 14 to 17A.

(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, and 12 do not apply—

• (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, and 12, and is not determined in accordance with paragraph (a), is to be determined in accordance with sections 11(1)(a), 11(1)(b), 11A, 11B, and 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), unless his or her contribution to the marriage has been clearly greater than that of the other spouse.

(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.

(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, and 12 do not apply—

• (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, and 12, and is not determined in accordance with paragraph (a), is to be determined in accordance with sections 11(1)(a), 11(1)(b), 11A, 11B, and 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), unless his or her contribution to the civil union has been clearly greater than that of the other civil union partner.

(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.

(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), even though the de facto partners have lived in a de facto relationship for less than 3 years.

(5) This section is subject to sections 15 to 17A.

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

• (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.

(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.

(1) This section applies if,—

• (a) at the date the marriage, civil union, or de facto relationship began, each spouse or partner owned a home; and

• (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 is included in the relationship property.

(2) This section also applies if,—

• (a) before the marriage, civil union, or de facto relationship began, each spouse or partner owned a home; and

• (b) each of those homes was capable of becoming a family home; and

• (c) one of the spouses or partners (party A) sold his or her home in contemplation of the marriage, civil union, or de facto relationship; and

• (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) is included in the relationship property; but

  • (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 in any of the relationship property (including the family home and the family chattels) according to what it considers just to compensate for the inclusion of the home of only one spouse or partner in the relationship property.

(4) This section overrides sections 11 to 14A.

(1) This section applies if the separate property of one spouse or partner (party A) has been sustained by—

• (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.

(1) If the separate property of one spouse or partner has been materially diminished in value by the deliberate action or inaction of the other spouse or partner, the court may, to such extent as it thinks just, diminish the share to which the other spouse or partner would otherwise be entitled in the relationship property.

(2) This section overrides sections 11 to 14A.

(1) For the purposes of this Act, a contribution to the marriage, civil union, or de facto relationship means all or any of the following:

• (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, or de facto relationship:

• (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 or any part of that property:

• (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 or any part of that property:

• (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 (whether or not of a material kind), including the giving of assistance or support that—

  • (i) enables the other spouse or partner to acquire qualifications; or

  • (ii) aids the other spouse or partner in the carrying on of his or her occupation or business.

(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.

(1) Except as permitted by subsections (2) and (3), a court may not take any misconduct of a spouse or partner into account in proceedings under this Act, whether to diminish or detract from the positive contribution of that spouse or partner or otherwise.

(2) Subject to subsection (3), the court may take into account any misconduct of a spouse or partner—

• (a) in determining the contribution of a spouse to the marriage, or of a civil union partner to the civil union, or of a de facto partner to the de facto relationship; or

• (b) in determining what order it should make under any of sections 26, 26A, 27, 28, 28B, 28C, and 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.

(1) In this section, relevant period, in relation to a marriage, civil union, or de facto relationship, means the period after the marriage, civil union, or de facto relationship has ended (other than by the death of one of the spouses or partners) but before the date of the hearing of an application under this Act by the court of first instance.

(2) If, during the relevant period, a spouse or partner (party A) has done anything that would have been a contribution to the marriage, civil union, or de facto relationship if the marriage, civil union, or de facto relationship had not ended, the court, if it considers it just, may for the purposes of compensating party A—

• (a) order the other spouse or partner (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, this section is modified by section 86.

(1) In this section, relevant period has the same meaning as in 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), the court may, for the purposes of compensating the other spouse or 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, this section is modified by section 86.

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 to acquire, deal with, or dispose of any property or to enter into any contract or other legal transaction whatsoever as if this Act had not been passed; or

• (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 over property owned by him or her and every such instrument shall have the same effect as if this Act had not been passed.

(1) In sections 20A to 20E, unless the context otherwise requires,—

(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.

(1) Secured and unsecured creditors of a spouse or partner have the same rights against that spouse or partner, and against property owned by the spouse or partner, as if this Act had not been passed.

(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, then that property (and no other property) passes to the Official Assignee as if this Act had not been passed.

(3) This section—

• (a) is subject to section 20B; and

• (b) applies except as otherwise expressly provided in this Act.

(1) Each spouse or partner has a protected interest in the family home, which includes,—

• (a) where section 11A applies, the proceeds of sale of the family home:

• (b) where section 11B applies, the property shared under that section:

• (c) where section 12 applies, the money shared under that section.

(2) The protected interest of a spouse or partner is not liable for the unsecured debts of the other spouse or partner, other than an unsecured debt incurred—

• (a) by the spouses or partners jointly; or

• (b) by the spouse or partner subsequently declared bankrupt, for the purpose of acquiring, improving, or repairing the family home.

(3) The value of the protected interest of a spouse or partner is as follows:

• (a) where section 11 applies, the protected interest is to the extent of the lesser of—

  • (i) the specified sum; or

  • (ii) one-half of the equity of the spouses or partners in the family home:

• (b) where section 11A applies, the protected interest is to the extent of the lesser of—

  • (i) the specified sum; or

  • (ii) one-half of the proceeds of the sale of the family home:

• (c) where section 11B or section 12 applies, the protected interest is to the extent of the lesser of—

  • (i) the specified sum; or

  • (ii) one-half of the property or money shared under the applicable section.

(4) In this section, specified sum means the amount for the time being prescribed under section 53A for the purposes of this section.

(1) If, on the bankruptcy of a spouse or partner, the family home (including a homestead) or, if section 11A applies, the proceeds of the sale of the family home pass to the Official Assignee, the Official Assignee must pay to the other spouse or partner the lesser of—

• (a) the amount of the protected interest of the other spouse or partner; or

• (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 jointly; or

  • (ii) by the spouse or partner subsequently declared bankrupt, for the purpose of acquiring, improving, or repairing the family home.

(3) If, on the bankruptcy of a spouse or partner, section 11B applies, the Official Assignee must pay to the other spouse or partner such amount in satisfaction of the protected interest of that spouse or partner as the court may direct, on application by the Official Assignee or by that spouse or partner.

The value of the relationship property that may be divided between the spouses or partners under this Act must be calculated by—

• (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.

(1) If a secured or unsecured personal debt of one spouse or partner (party A) has been paid or satisfied (directly or indirectly) out of the relationship property, the court may make one of the following orders in favour of the other spouse or 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.

Nothing in sections 20 to 20E derogates from the provisions of the Joint Family Homes Act 1964.

(1) A husband and wife, civil union partners, or de facto partners, or any 2 persons in contemplation of entering into a marriage, civil union, or de facto relationship, may, for the purpose of contracting out of the provisions of this Act, make any agreement they think fit with respect to the status, ownership, and division of their property (including future property).

(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 dies.

(3) This section is subject to section 47.

(1) A husband and wife or civil union partners or de facto partners may, for the purpose of settling any differences that have arisen between them concerning property owned by either or both of them, make any agreement they think fit with respect to the status, ownership, and division of that property.

(2) This section is subject to section 47.

(1) This section applies—

• (a) when proceedings are commenced while both spouses or partners are alive, and one spouse or partner dies before the proceedings are completed; or

• (b) when one spouse or partner dies and the other spouse or partner, or the personal representative of the deceased spouse or partner, intends to commence, or commences, proceedings after the death of the deceased.

(2) If this section applies, a surviving spouse or partner (the survivor) and the personal representative of the deceased spouse or partner may, for the purpose of settling the proceedings or (as the case requires) a claim by the survivor or the personal representative with respect to property owned by either or both of those spouses or partners, make any agreement they think fit with respect to the status, ownership, and division of that property.

(3) If the survivor is also the sole executor or sole administrator of the estate of the deceased spouse or partner, an agreement under this section is not valid unless the court approves the agreement.

(4) Subsection (3) does not apply if a grant of administration is not required.

(5) This section is subject to section 47.

(1) If a surviving spouse or partner and the personal representative of the deceased spouse or partner intend to make an agreement under section 21B, either or both of them may submit an agreement, in draft, to the court for approval.

(2) If the court approves the agreement, the agreement has effect in accordance with section 21B.

(1) An agreement under section 21 or section 21A or section 21B may do all or any of the following:

• (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 is to be entitled to when the marriage, civil union, or de facto relationship ends:

• (c) define the share of the relationship property, or of any part of the relationship property, that the surviving spouse or partner and the estate of the deceased spouse or partner is to be entitled to on the death of one of the spouses or 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.

(1) The purpose of this section is to minimise the legal expenses of people who wish to enter into an agreement under section 21 or section 21A or section 21B.

(2) The Governor-General may, by Order in Council, make regulations prescribing model forms of agreement for the purposes of section 21 or section 21A or section 21B.

(3) Use of a prescribed model form of agreement is optional.

(1) Subject to section 21H, an agreement entered into under section 21 or section 21A or section 21B is void unless the requirements set out in subsections (2) to (5) are complied with.

(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 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.

(1) Even though an agreement is void for non-compliance with a requirement of section 21F, the court may declare that the agreement has effect, wholly or in part or for any particular purpose, if it is satisfied that the non-compliance has not materially prejudiced the interests of any party to the agreement.

(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.

(1) Subject to subsection (2), if a minor enters into an agreement under section 21 or section 21A or section 21B, the agreement, and every instrument executed by that minor for the purpose of giving effect to the agreement, is as valid and effectual as if the minor were of full age.

(2) If a minor who is younger than 18 years, and is not and has not been married or in a civil union, enters into an agreement under section 21 or section 21A or section 21B, the agreement is not valid without the approval of the court.

(3) An approval may be given on application by the minor before or after the agreement has been signed by the parties.

(1) Even though an agreement satisfies the requirements of section 21F, the court may set the agreement aside if, having regard to all the circumstances, it is satisfied that giving effect to the agreement would cause serious injustice.

(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 or section 21A or section 21B would cause serious injustice, the court must have regard to—

• (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 would cause serious injustice, the court must also have regard to whether the estate of the deceased spouse or partner has been wholly or partly distributed.

(1) Every agreement under section 21 or section 21A or section 21B is taken to have been made for valuable consideration.

(2) Nothing in this section limits or affects the manner of determining, for the purposes of the Estate and Gift Duties Act 1968, whether a disposition of property is a gift.

(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 or section 21A or section 21B.

(2) This section is subject to the provisions of this Part.

If an agreement purporting to be made under section 21 or section 21A or section 21B is void or is avoided or is invalid or unenforceable (including an agreement set aside under section 21J), the provisions of this Act have effect as if the agreement had never been made.

(1) Nothing in this Part limits or affects the capacity of either spouse or partner to agree to acquire or hold any property jointly or in common, whether or not together with any other person, and whether legally or beneficially.

(2) Nothing in this Part limits or affects the power of spouses or partners to make gifts to each other.

(3) Regardless of any rule of law, a gift between spouses or partners may be made orally or in writing, and does not need to be made by deed or by delivery.

(4) Subsection (3) does not apply to de facto partners who have lived in a de facto relationship for less than 3 years.

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 or section 21A or section 21B:

• (b) an agreement to which section 21P or section 21Q applies, or to the extent that section 21Q applies.

(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).

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.

(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 applies:

• (b) an agreement to which section 21Q applies, or to the extent that section 21Q applies.

(2) This section is subject to section 47.

Any agreement made before 1 August 2001 under section 21 (as that section existed immediately before that date) is to be treated as if it had been made under section 21 or section 21A (as those sections existed after that date), whichever section is applicable, and this Part applies accordingly.

(1) This section applies to any agreement made under section 21 if—

• (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 if—

• (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.

(1) Every application under this Act must be heard and determined in a Family Court.

(2) This section is subject to any other provision of this Act that confers jurisdiction on any other court.

(3) Regardless of subsections (1) and (2), a Family Court Judge may order that proceedings be transferred to the High Court if the Judge is satisfied that the High Court is the more appropriate venue for dealing with the proceedings, because of their complexity or the complexity of a question in issue in them.

(4) The Family Court Judge may transfer proceedings on the application of a party to the proceedings or on his or her own initiative.

(5) Proceedings transferred to the High Court continue in that court as if they had been properly commenced there.

(1) The following persons may apply for an order under section 25(1)(a) or (b) or an order or declaration under section 25(3):

• (a) either spouse or partner, or both of them jointly:

• (b) any person on whom the spouses or partners have made conflicting claims in respect of property.

(2) The Official Assignee in Bankruptcy of the property of either spouse or partner may not apply for an order under section 25(1)(a), but may apply for an order under section 25(1)(b) or an order or declaration under section 25(3).

(3) If one of the spouses or partners has died, the application of this section is modified by section 88 (except in a situation described in section 10D(1)).

(1) The following time limits apply in relation to applications made under this Act:

• (a) an application made after a marriage or civil union has been dissolved by an order dissolving the marriage or civil union must be made before the expiry of the period of 12 months after the date on which that order takes effect as a final order:

• (b) an application made after an order has been made declaring a marriage or civil union to be void ab initio must be made before the expiry of the period of 12 months after the date of the making of the order:

• (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 has died, the application of this section is modified by section 89 (except in a situation described in section 10D(1)).

(1) On an application under section 23, the court may—

• (a) make any order it considers just—

  • (i) determining the respective shares of each spouse or partner in the relationship property or any part of that property; or

  • (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 husband and wife or civil union partners are living apart (whether or not they have continued to live in the same residence) or are separated; or

  • (ii) that the marriage or civil union has been dissolved; or

• (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 is endangering the relationship property or seriously diminishing its value, by gross mismanagement or by wilful or reckless dissipation of property or earnings; or

• (d) that either spouse or partner is an undischarged bankrupt.

(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, this section is modified by section 91.

(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, or of both of them, in the relationship property as the court considers just.

(3) An order under this section may be made and has effect regardless of any agreement under Part 6.

(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 who is the principal provider of ongoing daily care for 1 or more minor or dependent children of the marriage, 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.

(1) The court may make an order granting to either spouse or partner, for such period or periods and on such terms and subject to such conditions as the court thinks fit, the right personally to occupy the family home or any other premises forming part of the relationship property.

(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, personally to occupy the family home or the other premises to which the order relates.

(3) An order made under subsection (1) against a spouse or partner shall be enforceable against the personal representative of the person against whom it is made, unless the court otherwise directs.

(4) An order made under subsection (1) by a District Court or a Family Court shall be enforceable as if it were an order for recovery of land made pursuant to section 31(1)(d) of the District Courts Act 1947.

(5) In proceedings commenced after the death of one of the spouses or partners, this section is modified by section 91.

(1) Regardless of section 23, the court may at any time, on the application of either spouse or partner, make an order vesting in either spouse or partner (the applicant) the tenancy of any dwellinghouse.

(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 against whom the order is made (the other party) is or was the sole tenant of the dwellinghouse, or is or was a tenant holding jointly or in common with the applicant; and

• (b) the other party is a tenant of the dwellinghouse; and

• (c) either spouse or partner is residing in the dwellinghouse.

(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 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 means any building or part of a building let as a separate dwelling; and includes—

• (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, in relation to any dwellinghouse, includes any person whose tenancy has expired or been determined, and who is for the time being deemed under or by virtue of any enactment or rule of law to continue to be the tenant of the dwellinghouse; and the term tenancy has a corresponding meaning.

(7) In proceedings commenced after the death of one of the spouses or partners, this section is modified by section 91.

(1) The court—

• (a) in determining whether to make an order under section 27(1) or section 28(1); and

• (b) in determining, in relation to an order made under section 27(1), the period or periods, the terms (if any), and the conditions (if any) of the order,—

shall have particular regard to the need to provide a home for any minor or dependent child of the marriage, 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, this section is affected by section 91.

(1) On or after making an occupation order under section 27(1) or a tenancy order under section 28(1), the court may make an order granting, to the person in whose favour the order is or has been made, the use of all or any of the furniture, household appliances, and household effects in the family home or other premises to which the occupation order relates or (as the case requires) in the dwellinghouse to which the tenancy order relates.

(2) An order made under this section may be for such period, and on such terms and conditions, as the court thinks fit.

(1) Regardless of section 23, the court may at any time make an order granting to either the spouse or partner (the applicant) the possession and use of all or any of the furniture, household appliances, and household effects in—

• (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) in favour of the applicant.

(2) Either spouse or partner may apply for an order under this section.

(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.

(1) The person in whose favour an order is made under section 28B or section 28C is entitled, to the exclusion of the person against whom the order is made, to the possession of the furniture, household appliances, and household effects to which the order relates for as long as the order is in force.

(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.

Where any property which is the subject of an application under this Act is in the possession of either or both spouses or partners under a hire purchase agreement or conditional sale agreement or under an agreement to hire or lease, the court may make an order vesting the rights and obligations under the agreement in either spouse or partner and any such order shall have effect notwithstanding anything in any agreement.

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 subject to such conditions (including the payment of premiums by either spouse or partner) as it thinks just:

• (b) direct the payment of a proportion of the surrender or paid-up value from one spouse or partner to the other:

• (c) make such other order as it thinks just.

(1) Where the relationship property to which any application under this Act relates includes property of the kind described in section 8(1)(i), the court may make any order under this Act, or any provision of any such order, conditional on either spouse or partner entering into an arrangement or deed of covenant designed to ensure that the other spouse or partner receives his or her appropriate share of that property, and every arrangement or deed entered into pursuant to any such condition shall have effect according to its tenor.

(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 shall, notwithstanding the provisions of any Act, deed, or rules governing the scheme, be bound by the provisions of the arrangement or deed.

(1) In any proceedings, the court must have regard to—

• (a) any order made under the Family Proceedings Act 1980 for the maintenance of a spouse or partner; and

• (b) any child support payable by one spouse or partner, under a formula assessment under the Child Support Act 1991, for a child of the marriage, civil union, or de facto relationship; and

• (c) any voluntary agreement, whether or not the agreement has been accepted under Part 3 of the Child Support Act 1991.

(2) In any proceedings, the court, if it considers it just, may—

• (a) make an order under the Family Proceedings Act 1980 for the maintenance of a spouse or partner:

• (b) discharge, vary, extend, or suspend an order made under the Family Proceedings Act 1980 for the maintenance of a spouse or partner:

• (c) make any order in relation to child support that may be made under section 106 or section 109 or section 112 of the Child Support Act 1991, as if an application had been made under section 104 or (as the case requires) section 108 or section 112 of that Act:

• (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 of the Family Proceedings Act 1980 for the discharge, variation, extension, or suspension of an order for the maintenance of a spouse or partner; or

• (b) an application for an order under Part 7 of the Child Support Act 1991; or

• (c) the cancellation, variation, extension, or suspension of a voluntary agreement.

(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, and may vary any terms or conditions upon or subject to which any such order has been made.

(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 jointly, an order vesting the property in both spouses or partners in common in such shares as the court considers just:

• (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, an order vesting the property in both spouses or partners jointly or in common in shares that the court considers just:

• (g) in the case of property owned by both spouses or partners, jointly or in common, an order vesting the property in one of them:

• (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 to the other:

• (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, an order requiring that spouse or partner to pay the money, or transfer the other property, to the other.

(4) Where under any order made under this Act one spouse or partner is or may become liable to pay to the other a sum of money, the court may direct that it shall be paid either in 1 sum or in instalments, and either with or without security, and otherwise in such manner and subject to such conditions (including a condition requiring the payment of interest) as the court thinks fit.

(5) Where, pursuant to this Act, the court makes an order for the sale of any relationship property and for the division, application, or settlement of the proceeds, the court may appoint a person to sell the property and divide, apply, or settle the proceeds accordingly; and the execution of any instrument by the person so appointed shall have the same force and validity as if it had been executed by the person in whom the property is vested.

(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 expenses.

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.

Section 11A of the Family Courts Act 1980 applies to the hearing of any application or appeal under this Act—

• (a) in a 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.

Sections 11B to 11D of the Family Courts Act 1980 apply to the publication of a report of any proceedings under this Act—

• (a) in a 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.

In all proceedings under this Act, and whether by way of hearing in the first instance or by way of appeal or otherwise howsoever, the court may receive any evidence that it thinks fit, whether it is otherwise admissible in a court of law or not.

(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, this section is modified by section 92.

(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 de facto relationship in any proceedings under this Act if, in the opinion of the court, special circumstances make the appointment necessary or desirable.

(2) Fees payable to a lawyer appointed under subsection (1), and reasonable expenses incurred,—

• (a) may be determined in accordance with regulations made under this Act; and

• (b) must be paid by 1 or more of the parties to the proceedings as ordered by the court.

(3) However, if the court thinks it proper, the court may order that the fees and expenses be paid out of public money appropriated by Parliament for the purpose.

(4) If the Crown pays the amount payable under subsection (2)(b), the amount is a debt due to the Crown by the party or parties ordered to pay it and, if that party or those parties do not pay that amount, the Crown may recover it by order of the court in the same manner as a judgment of that court.

(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 appearing for each party to the proceedings or, if any party is not represented by a lawyer, to that party. Any party may tender evidence on any matter referred to in any such report.

(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 a District Court or the High Court as the case may require, in the same manner as a judgment of that court.

(1) This subsection applies to a decision of a Family Court or District Court, in proceedings under this Act, to—

• (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 and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (2) as if it were an appeal under section 72 of that Act.

(4) On the ex parte application of the appellant, the Family Court or District Court (as the case requires) may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.

(5) Subsection (4) overrides subsection (3).

(6) If the appeal relates to proceedings commenced after the death of one of the spouses or partners, this section is modified by section 93.

(1) The provisions of the Judicature Act 1908 relating to appeals to the Court of Appeal against a decision of the High Court apply to an order or decision of the High Court under this Act.

(2) [Repealed]

(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.

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.

(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 District Land Registrar or the Registrar of Deeds, as the case may be, or by the Mining Registrar in any case where the order relates to land comprised in a licence within the meaning of the Mining Tenures Registration Act 1962 that has not been registered under the Land Transfer Act 1952.

(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); or

• (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); or

• (c) the period for which the order was made has expired; or

• (d) the court so directs in any other case.

(3) Where the District Land Registrar or the Registrar of Deeds or the Mining Registrar, as the case may be, is satisfied that an order registered under subsection (1) has ceased to have effect, he shall, on application in that behalf, endorse the register accordingly.

(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.

(1) A claim to an interest, pursuant to this Act, in any land subject to the Land Transfer Act 1952 shall be deemed to be a registrable interest for the purposes of that Act.

(2) Notice of a claim under subsection (1) shall be effected by lodging a duly completed notice in the prescribed form with the District Land Registrar.

(3) Every notice so lodged shall have effect as if it were a caveat lodged pursuant to section 137 of that Act and the provisions of that Act, except subsections (3) and (4) of section 141, shall apply subject to the following modifications:

• (a) any application under section 143 or section 145 or section 145A of that Act in respect of any notice under this section may be made to a Family Court or a District Court or the High Court; and

• (b) an order under section 148 of that Act authorising the receipt of a second notice under this section may be made by a Family Court or a District Court or the High Court.

(4) In the case of land that is not subject to the Land Transfer Act 1952, notice of a claim to an interest pursuant to this Act may be registered in the manner in which deeds and other instruments affecting the land may be registered.

(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.

(1) Where it appears to the High Court or a District Court or a Family Court that any disposition of property is about to be made, whether for value or not, by or on behalf of or by direction of or in the interests of any person in order to defeat the claim or rights of any other person (party B) under this Act, the court may, on such notice being given as the court may direct, by order restrain the making of the disposition or may order any proceeds of the disposition to be paid into court to be dealt with as the court directs.

(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 acting in connection with the disposition, shall be void, and the court may consider any claim of any person interested and may make such order as it thinks just.

(1) Where the High Court or a District Court or a Family Court is satisfied that any disposition of property has been made, whether for value or not, by or on behalf of or by direction of or in the interests of any person in order to defeat the claim or rights of any person (party B) under this Act, the court may make any order under subsection (2).

(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 personal representative, shall transfer the property or any part thereof to such person as the court directs; or

• (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 personal representative, shall pay into court, or to such person as the court directs, a sum not exceeding the difference between the value of the consideration (if any) and the value of the property; or

• (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 personal representative, or any person who received that interest from any such person otherwise than in good faith and for valuable consideration, shall transfer that interest to such person as the court directs, or shall pay into court or to such person as the court directs a sum not exceeding the value of the interest.

(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 position in reliance on his or her having an indefeasible interest in the property or interest that in the opinion of the court, having regard to all possible implications in respect of other persons, it is inequitable to grant relief, or to grant relief in full, as the case may be.

Sections 44B and 44C do not apply to a trust under a will or other testamentary disposition.

(1) In any proceedings for an order under section 25(1)(a), the court may make an order requiring a spouse or partner to disclose to the court such information as the court specifies relating to the disposition of relationship property by either or both spouses or partners to a trust since the marriage, the civil union, or the de facto relationship began.

(2) The court may make an order under this section on the application of either party to the proceedings or on its own initiative.

(1) This section applies if the court is satisfied—

• (a) that, since the marriage, the civil union, or the de facto relationship began, either or both spouses or partners have disposed of relationship property to a trust; and

• (b) that the disposition has the effect of defeating the claim or rights of one of the spouses or partners; and

• (c) that the disposition is not one to which section 44 applies.

(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 whose claim or rights under this Act have been defeated by the disposition:

• (a) an order requiring one spouse or partner to pay to the other spouse or partner a sum of money, whether out of relationship property or separate property:

• (b) an order requiring one spouse or partner to transfer to the other spouse or partner any property, whether the property is relationship property or separate property:

• (c) an order requiring the trustees of the trust to pay to one spouse or partner the whole or part of the income of the trust, either for a specified period or until a specified amount has been paid.

(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; or

• (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.

(1) In sections 44E and 44F, qualifying company means a company in which a controlling interest is held by, as the case requires,—

• (a) one of the spouses or partners; or

• (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) if—

• (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) that holds equity securities in company A.

(4) For the purposes of subsections (2) and (3), equity security has the same meaning as in section 2 of the Securities Act 1978.

(1) In any proceedings for an order under section 25(1)(a), the court may make an order requiring a spouse or partner to disclose to the court such information as the court specifies relating to the disposition of relationship property by either or both spouses or partners to a qualifying company since the marriage or the civil union or the de facto relationship began.

(2) The court may make the order under this section on the application of either party to the proceedings or on its own initiative.

(1) This section applies if the court is satisfied—

• (a) that, since the marriage or the civil union or the de facto relationship began, either or both spouses or partners have disposed of relationship property to a qualifying company; and

• (b) that the disposition has the effect of defeating the claim or rights of one of the spouses or partners; and

• (c) that the disposition is not one to which section 44 applies.

(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 whose claim or rights under this Act have been defeated by the disposition:

• (a) an order requiring one spouse or partner to pay to the other spouse or partner a sum of money, whether out of relationship property or separate property:

• (b) an order requiring one spouse or partner to transfer to the other spouse or partner any property, whether the property is relationship property or separate property.

(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.

(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 or a Registrar, or the consent in writing of the other party, sell, charge, or dispose of any of the family chattels or (except in an emergency) remove from the family home or homes any of the family chattels which are household appliances or effects or which form part of the furniture of that home or those homes.

(2) Any person who does any act in contravention of the provisions of this section commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000, or to both.

Subject to the provisions of sections 42 to 44, the rights conferred on a spouse or partner by any order made under this Act shall be subject to the rights of the persons entitled to the benefit of any mortgage, security, charge, or encumbrance affecting the property in respect of which the order is made if it was registered before the order was registered or if the rights of that person arise under an instrument executed before the date of the making of the order:

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.

(1) Any agreement, disposition, or other transaction between spouses or partners with respect to their relationship property and intended to defeat creditors of either spouse or partner is void against those creditors and the Official Assignee.

(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 with respect to their relationship property is deemed to have been made for valuable consideration if—

• (a) a situation described in section 25(2) has arisen; and

• (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 to the other spouse or partner, if the gift is made on a customary occasion and is reasonable in amount having regard to the donor's means and liabilities.

(5) This section applies regardless of any other provision of this Act.

(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.

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, shall be operative or have any effect.

(1) Subject to this section, each of the parties to a marriage or civil union shall have the like right of action in tort against the other as if they were not married or in a civil union.

(2) Where one of the parties to a marriage, civil union, or de facto relationship brings an action in tort against the other during the subsistence of the marriage, civil union, or de facto relationship, the court may at any stage of the proceedings, on application or of its own motion, stay the action if it appears that—

• (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 means the High Court, a District Court, or a Family Court; but a District Court shall not exercise any power which could be exercised on an application under this Act unless it is empowered to do so under any enactment (other than this section).

Notwithstanding any enactment or rule of law, a minor who is or has been married or in a civil union may bring, institute, or defend proceedings under this Act without a guardian ad litem or next friend, and every judgment or order of the court under this Act shall be binding upon and may be enforced against such a minor as if he or she were of full age.

(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, and the other claim being in respect of a de facto relationship; 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 marriage or civil union and the de facto relationship are successive (regardless of the order in which they occur), then in accordance with the chronological order of the marriage or civil union and the de facto relationship:

• (b) if the marriage or civil union and the de facto relationship were at some time contemporaneous, then,—

  • (i) to the extent possible, the property order relating to the marriage or civil union must be satisfied from the property that is attributable to that marriage or civil union; and

  • (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 the de facto relationship, the property is to be divided in accordance with the contribution of the marriage or civil union and the de facto relationship to the acquisition of the property.

(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 husband and wife.

(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, and 33; and

• (b) includes a declaration made under section 25(3).

(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.

(1) Rules may from time to time be made in the manner prescribed by the Judicature Act 1908 relating to the procedure of the High Court under this Act and to appeals to the Court of Appeal under this Act.

(1A) Rules may be made under section 16A of the Family Courts Act 1980 relating to the practice and procedure of Family Courts in proceedings under this Act.

(2) The Governor-General may from time to time, by Order in Council, make regulations under section 100A of the Judicature Act 1908 for the purposes of this Act.

(2A) The Governor-General may from time to time, by Order in Council, make regulations—

• (a) making provision for determining the amount of fees and expenses, including minimum and maximum amounts, payable in respect of professional services provided by lawyers appointed under section 37A, which fees and expenses may differ according to the complexity of the proceedings and the time spent, and according to whether or not professional services are to be provided in a specified number of proceedings during a specified period:

• (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 to provide the surviving spouse or partner with information about the estate of the deceased spouse or partner; and providing for the enforcement of any such requirement (including, without limitation, providing for the court, on the application of the surviving spouse or partner, to order the personal representative to provide all or any of the relevant information):

• (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 Courts Act 1947, the Governor-General may from time to time, by Order in Council, make rules regulating the procedure of District Courts in proceedings under this Act, and providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and its due administration.

(3A) Without limiting the generality of the powers conferred by subsections (1) and (3) or section 16A of the Family Courts Act 1980, rules made under any of those provisions may require any party to proceedings under this Act to supply to the other party to the proceedings particulars of the nature and value of the property of the first-mentioned party that could be the subject of any order in those proceedings.

(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 Judicature Act 1908 apply with all necessary modifications to proceedings under this Act that are brought or dealt with in the High Court.

(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.

(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 are commenced before the spouse's death; or

• (ab) after a civil union has ended by separation or dissolution, one of the civil union partners dies, and no proceedings under Part 7 are commenced before the civil union partner's death; or

• (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 are commenced before the de facto partner's death.

In the application of this Act to a spouse or partner who dies on or after 1 February 2002 and who has made a will, it does not matter whether the will was made before, on, or after that date.

Nothing in this Act prevents a person from making an application under the Law Reform (Testamentary Promises) Act 1949 or the Family Protection Act 1955 in respect of the estate of his or her deceased spouse or partner.

(1) If, had this Act not been passed, any property would have become vested in an appointee (within the meaning of section 378(1) of the Insolvency Act 2006) on an order being made under section 379 of that Act to administer the estate of a deceased spouse or partner under Part 6 of that Act, then that property (and no other property) becomes vested in an appointee as if this Act had not been passed.

(2) If, had this Act not been passed, any property that is included in the estate of a deceased spouse or partner could have been dealt with in accordance with