Section 28A — Property (Relationships) Act 1976: Factors affecting occupation orders and orders with respect to tenancy

28A Factors affecting occupation orders and orders with respect to tenancy (1) The Court— (a) In determining whether to make an order under section 27(1) or section 28(1) of this Act; and (b) In determining, in relation to an order made under section 27(1) of this Act, the period or periods, the terms (if any), and the conditions (if any) of the order,— shall have particular regard to the need to provide a home for any minor or dependent child of the marriage, civil union, or de facto relationship, and may also have regard to all other relevant circumstances. (2) Nothing in this section shall limit the generality of section 26(1) of this Act. (3) In proceedings commenced after the death of 1 of the spouses or partners, this section is affected by section 91 . Section 28A was inserted, as from 1 January 1984, by section 8 Matrimonial Property Amendment Act (No 2) 1983 (1983 No 145). Subsection (1) was amended, as from 1 February 2002, by section 28(1)(a) Property (Relationships) Amendment Act 2001 (2001 No 5) by inserting the word “ or ” after the word “ minor ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (1) was amended, as from 1 February 2002, by section 28(1)(b) Property (Relationships) Amendment Act 2001 (2001 No 5) by inserting the words “ or, as the case requires, any minor or dependent child of the de facto relationship, ” after the word “ marriage ” . 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(4) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the words “ , civil union, or de facto relationship, and may also have regard to all other relevant circumstances ” for the words “ or, as the case requires, any minor or dependent child of the de facto relationship, and may also have regard to all other relevant circumstances ” . Subsection (3) was inserted, as from 1 February 2002, by section 28(2) Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsection (3) 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 ” .