Section 26 — Property (Relationships) Act 1976: Orders for benefit of children of marriage, civil union, or de facto relationship

26 Orders for benefit of children of marriage, civil union, or de facto relationship (1) In proceedings under this Act, the Court must have regard to the interests of any minor or dependent children of the marriage, civil union, or de facto relationship and, if it considers it just, may make an order settling the relationship property or any part of that property for the benefit of the children of the marriage, civil union, or de facto relationship or of any of them. (2) If the Court makes an order under subsection (1) , the Court may reserve such interest (if any) of either spouse or partner, or of both of them, in the relationship property as the Court considers just. (3) An order under this section may be made and has effect regardless of any agreement under Part 6 . Subsection (2) was substituted, and subsection (3) was inserted, as from 1 July 1994, by section 3 Matrimonial Property Amendment Act 1994 (1994 No 45). Subsection (3)(b) was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “ Bank Account operated by the Department for Courts ” for the words “ Bank Account ” . Subsection (3)(b) was substituted, as from 3 June 1998, by section 2 Matrimonial Property Amendment Act 1998 (1998 No 54). Subsection (4) was inserted, as from 1 July 1994, by section 3 Matrimonial Property Amendment Act 1994 (1994 No 45). 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. The heading to section 26 was amended, as from 26 April 2005, by section 3(4) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the words “ , civil union, or de facto relationship ” for the words “ or children of de facto relationship ” . Subsection (1) was substituted, as from 26 April 2005, by section 3(4) Property (Relationships) Amendment Act 2005 (2005 No 19). 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 ” .