Section 15 — Property (Relationships) Act 1976: Court may award lump sum payments or order transfer of property

15 Court may award lump sum payments or order transfer of property (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 1 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 . Subsection (1) was amended, as from 1 January 1984, by section 5 Matrimonial Property Amendment Act (No 2) 1983 (1983 No 145) by substituting the words “ been clearly ” for the words “ clearly been ” . Sections 11 to 18, and the headings before sections 11 and 15, were repealed, and a new Part 4 (comprising sections 11 to 18C) was inserted, as from 1 February 2002, by section 17 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsection (1) was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” wherever they appear. Subsection (1) was amended, as from 26 April 2005, by section 3(3) Property (Relationships) Amendment Act 2005 (2005 No 19) by inserting the words “ , civil union, ” after the word “ marriage ” in both places it appears. Subsection (2)(a) was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” . Subsection (2)(b) was substituted, as from 26 April 2005, by section 3(4) Property (Relationships) Amendment Act 2005 (2005 No 19).