Property (Relationships) Act 1976

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Part 6 Contracting out

Part 6 heading: inserted, on 1 August 2001, by section 21(1) of the Property (Relationships) Amendment Act 2001 (2001 No 5).

When persons can contract out

Heading: replaced, on 1 August 2001, by section 21(1) of the Property (Relationships) Amendment Act 2001 (2001 No 5).

21 Spouses or partners may contract out of this Act

(1)

Spouses, 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.

Section 21: replaced, on 1 August 2001, by section 21(1) of the Property (Relationships) Amendment Act 2001 (2001 No 5).

Section 21 heading: amended, on 26 April 2005, by section 3(1) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

Section 21(1): amended, on 19 August 2013, by section 9 of the Marriage (Definition of Marriage) Amendment Act 2013 (2013 No 20).

Section 21(1): amended, on 26 April 2005, by section 3(3) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

Section 21(1): amended, on 26 April 2005, by section 3(4) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

Section 21(2)(a): amended, on 26 April 2005, by section 3(1) of the Property (Relationships) Amendment Act 2005 (2005 No 19).

Section 21(2)(b): amended, on 26 April 2005, by section 3(1) of the Property (Relationships) Amendment Act 2005 (2005 No 19).