Section 25 — Property (Relationships) Act 1976: When Court may make orders

25 When Court may make orders (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 1 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 1 of the spouses or partners, this section is modified by section 91 . Sections 24 to 26 were substituted, as from 1 February 2002, by section 25 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsection (1)(a)(i) 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 (1)(a)(ii) 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 (2) 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)(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 civil union ” after the word “ marriage ” in both places it appears. Subsection (2)(a)(i) was amended, as from 26 April 2005, by section 3(4) Property (Relationships) Amendment Act 2005 (2005 No 19) by inserting the words “ or civil union partners ” after the word “ wife ” . Subsection (6) 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 ” .