1A Purpose of this Part

1B Status of this Part

1C What this Act is about

1D How this Act is arranged

1E Part 2 (preliminary provisions)

1F Part 3 (application of this Act)

1G Part 4 (division of relationship property)

1H Part 5 (relationship property and creditors)

1I Part 6 (contracting out)

1J Part 7 (proceedings under this Act)

1K Part 8 (division of property where 1 spouse or de facto partner dies)

1L Part 9 (transitional provisions and savings)

1M Purpose of this Act

1N Principles

2 Interpretation

2A Meaning of marriage

2B Marriage includes immediately preceding de facto relationship

2C Meaning of de facto partner

2D Meaning of de facto relationship

2E Meaning of relationship of short duration

2F Date at which shares to be determined

2G Date at which value of property to be determined

2H Determination of use to which property put

4 Act a code

4A Other enactments to be read subject to this Act

4B Law relating to trustees preserved

4C Application to existing and future de facto relationships

4D Application to de facto relationships that end on separation or death

7 Application to movable or immovable property

7A Application where spouses or de facto partners agree

9 Separate property defined

9A When separate property becomes relationship property

10 Property acquired by succession or by survivorship or as a beneficiary under a trust or by gift

10A Application of Act to division of relationship property where both spouses or de facto partners alive

10B Application of Act to division of relationship property on death of spouse or de facto partner

10C Application of Act in other circumstances

10D Proceedings

11 Division of relationship property

11A Where family home sold

11B Compensation for absence of interest in family home

12 Homesteads

12A Valuation of homestead

13 Exception to equal sharing

14 Marriages of short duration

14A De facto relationships of short duration

15 Court may award lump sum payments or order transfer of property

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

16 Adjustment when each spouse or de facto partner owned home at date relationship began

17 Sustenance of separate property

17A Diminution of separate property

18 Contributions of spouses or de facto partners

18A Effect of misconduct of spouses or de facto partners

18B Compensation for contributions made after separation

18C Compensation for dissipation of relationship property after separation

20 Interpretation

20A Rights of creditors preserved

20B Protected interest in family home

20C Payment of protected interest on bankruptcy of other spouse or de facto partner

20D Calculation of net value of relationship property

20E Compensation for satisfaction of personal debts

20F Application of Joint Family Homes Act 1964

21 Spouses or de facto partners may contract out of this Act

21A Spouses or de facto partners may settle differences by agreement

21B Surviving spouse or de facto partner and personal representative may agree on division of property

21C Court may be asked to approve agreement between surviving spouse or de facto partner and personal representative

21D Subject matter of agreement

21E Regulations prescribing model forms of agreement

21F Agreement void unless complies with certain requirements

21G Other grounds of invalidity not affected

21H Court may give effect to agreement in certain circumstances

21I Agreements entered into by minors

21J Court may set agreement aside if would cause serious injustice

21K Agreements made for valuable consideration

21L Enforcement of agreements

21M Consequences of invalidity of agreement

21N Other powers and capacities not affected

21O Application of Act to relationship property not subject to agreement

21P Agreements made before 1 August 2001 between de facto partners

21Q Agreements made before 1 August 2001 between spouses relating to division of property on death

21R Agreements to have effect as if Act not passed

21S Agreements made under previous section 21 before 1 August 2001

21T Agreements made under this Part before 1 February 2002, where marriage or de facto relationship ends before that date

22 Jurisdiction

23 Who can apply

24 Time limits for making applications

25 When Court may make orders

26 Orders for benefit of children of marriage or children of de facto relationship

26A Postponement of sharing

28B Ancillary furniture order

28C Furniture required to equip another household

28D Effect of furniture orders

32 Orders relating to maintenance and child support

37A Court may appoint lawyer for children

39 Procedure for bringing appeal to High Court

39A Procedure on appeal to High Court

39B Appeals to Court of Appeal and to Privy Council

44A Application of sections 44B and 44C

44B Court may require party to disclose information about dispositions of property to trust

44C Compensation for property disposed of to trust

44D Definition of qualifying company

44E Court may require party to disclose information about dispositions of property to qualifying company

44F Compensation for property disposed of to qualifying company

47 Agreements to defeat creditors void

52A Priority of claims where marriage and de facto relationship

52B Priority of claims where 2 de facto relationships

53A Power to prescribe specified sum

55 Application of this Part

56 Application to existing and future wills

57 Application under Law Reform (Testamentary Promises) Act 1949 or Family Protection Act 1955 not precluded

58 Rights of creditors preserved

59 Payment of protected interest where estate insolvent

60 Incidence of orders against personal representative of spouse or de facto partner

61 Surviving spouse or de facto partner may choose option

62 Time limit for making choice

63 Surviving spouse or de facto partner may not commence proceedings before making election

64 Position of surviving spouse if separation order made or marriage dissolved

65 How choice to be made

66 Choice of option to be notified to certain persons

67 Choice irrevocable

68 Effect of failure to make choice

69 Chosen option may be set aside

70 Choice may not be set aside if estate finally distributed

71 Distribution of estate before choice made

72 Distribution of estate after choice made but before proceedings commenced

73 Distribution of estate while proceedings pending

74 Distribution of estate not to be disturbed

75 Effect on application of Act of choice of division under this Act

76 Effect on will or intestacy of choice of division under this Act

77 Court may permit surviving spouse or de facto partner to take under will or on intestacy

78 Priority of entitlement of surviving spouse or de facto partner

79 Date at which shares determined

80 Classification of property

81 Presumption that property of deceased spouse or de facto partner is relationship property

82 Presumption that property acquired by estate of deceased spouse or de facto partner is relationship property

83 Relationship property defined

84 Separate property defined

85 Marriages and de facto relationships of short duration

86 Compensation for actions after separation or death

87 Surviving spouse or de facto partner may challenge agreement

88 Who can apply

89 Time for commencement of proceedings

90 Time limits for commencing proceedings

91 Qualifications on application of sections 25 to 34 and 43 to 44F

92 Persons entitled to be heard

93 Appeals

94 Incidence of orders against personal representative of spouse or de facto partner

95 Effect on application of Act of choice of will or intestacy

96 Transitional provisions applying on and from 1 February 1977

97 Transitional provisions applying on and from 1 February 2002

98 Savings applying on and from 1 February 1977

99 Savings applying on and from 1 February 2002