Section 18A — Property (Relationships) Act 1976: Effect of misconduct of spouses or partners

18A Effect of misconduct of spouses or partners (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. Sections 11 to 18, and the headings before sections 11 and 15, were repealed, and a new Part 4 (comprising sections 11 to 18C) was inserted, as from 1 February 2002, by section 17 Property (Relationships) Amendment Act 2001 (2001 No 5).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. The heading to section 18A was amended, as from 26 April 2005, by section 3(1) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partners ” for the words “ de facto partners ” . 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 ” in both places they appear. Subsection (2) was amended, as from 26 April 2005, by section 3(4) Property (Relationships) Amendment Act 2005 (2005 No 19) by omitting the words “ de facto ” in the first place they appear. Subsection (2)(a) was amended, as from 26 April 2005, by section 3(4) Property (Relationships) Amendment Act 2005 (2005 No 19) by inserting the words “ or of a civil union partner to the civil union, ” after the expression “ marriage, ” .