Section 4 — Property (Relationships) Act 1976: Act a code

4 Act a code (1) This Act applies instead of the rules and presumptions of the common law and of equity to the extent that they apply— (a) to transactions between spouses or partners in respect of property; and (b) in cases for which this Act provides, to transactions— (i) between both spouses or partners and third persons; and (ii) between either spouse or partner and third persons. (2) Subsection (1) does not apply where this Act expressly provides to the contrary (such as in subsection (5) ). (3) Without limiting the generality of subsection (1) ,— (a) the presumption of advancement does not apply between husband and wife: (b) the presumption of resulting trust does not apply between husband and wife, civil union partners, or de facto partners: (c) the presumption that the use of a wife's income by her husband with her consent during the marriage is a gift does not apply between husband and wife. (4) Where, in proceedings that are not proceedings under this Act, any question relating to relationship property arises between spouses or partners, or between either or both of them and any other person, the question must be decided as if it had been raised in proceedings under this Act. (5) This section does not apply if the de facto partners have lived in a de facto relationship for less than 3 years. (6) However, if the Court makes an order under section 25(1)(a) in respect of any relationship property of de facto partners to whom subsection (5) applies, and any question relating to relationship property arises between those de facto partners in any subsequent proceedings that are not proceedings under this Act, then— (a) subsection (5) does not apply; and (b) the question must be decided as if it had been raised in proceedings under this Act. Subsection (5) was substituted, as from 24 May 1999, by section 17 Estate Duty Repeal Act 1999 (1999 No 64). Section 4 was substituted, as from 1 February 2002, by section 9 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(1) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partners ” for the words “ de facto partners ” wherever they appear. Subsection (1)(b)(ii) 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 (3)(b) was amended, as from 26 April 2005, by section 3(4) Property (Relationships) Amendment Act 2005 (2005 No 19) by inserting the words “ , civil union partners, ” after the word “ wife ” . Subsection (4) 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 ” .