Property (Relationships) Act 1976

Sections and provisions with full text and the judgments that cite each one.

Section 12 — Homesteads

12 Homesteads (1) If the family home is a homestead that is owned by either spouse or partner or both of them, section 11(1)(a) does not apply. (2) Instead, each spouse or partner is entitled to…

Section 12A — Valuation of homestead

12A Valuation of homestead For the purposes of section 12 , a homestead's value is to be determined by ascertaining the capital value of the land on which the homestead is situated, and apportioning…

Section 13 — Exception to equal sharing

13 Exception to equal sharing (1) If the Court considers that there are extraordinary circumstances that make equal sharing of property or money under section 11 or section 11A or section 11B or…

Section 14 — Marriages of short duration

14 Marriages of short duration (1) This section applies if a marriage is a relationship of short duration (as defined in section 2E ). (2) If this section applies, sections 11(1)(a) , 11(1)(b) , 11A…

Section 14A — De facto relationships of short duration

14A De facto relationships of short duration (1) This section applies if a de facto relationship is a relationship of short duration (as defined in section 2E ). (2) If this section applies, an order…

Section 14AA — Civil unions of short duration

14AA Civil unions of short duration (1) This section applies if a civil union is a relationship of short duration (as defined in section 2E ). (2) If this section applies, sections 11(1)(a) ,…

Section 15 — Court may award lump sum payments or order transfer of property

15 Court may award lump sum payments or order transfer of property (1) This section applies if, on the division of relationship property, the Court is satisfied that, after the marriage, civil union,…

Section 15A — Orders where spouse or partner has contributed to increase in value of separate property

15A Orders where spouse or partner has contributed to increase in value of separate property (1) This section applies if, on the division of relationship property, the Court is satisfied— (a) that,…

Section 16 — Adjustment when each spouse or partner owned home at date relationship began

16 Adjustment when each spouse or partner owned home at date relationship began (1) This section applies if,— (a) at the date the marriage, civil union, or de facto relationship began, each spouse or…

Section 17 — Sustenance of separate property

17 Sustenance of separate property (1) This section applies if the separate property of 1 spouse or partner ( party A ) has been sustained by— (a) the application of relationship property; or (b) the…

Section 17A — Diminution of separate property

17A Diminution of separate property (1) If the separate property of 1 spouse or partner has been materially diminished in value by the deliberate action or inaction of the other spouse or partner,…

Section 18 — Contributions of spouses or partners

18 Contributions of spouses or partners (1) For the purposes of this Act, a contribution to the marriage, civil union, or de facto relationship means all or any of the following: (a) the care of— (i)…

Section 18A — 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…

Section 18B — Compensation for contributions made after separation

18B Compensation for contributions made after separation (1) In this section, relevant period , in relation to a marriage, civil union, or de facto relationship, means the period after the marriage,…

Section 18C — Compensation for dissipation of relationship property after separation

18C Compensation for dissipation of relationship property after separation (1) In this section, relevant period has the same meaning as in section 18B . (2) If, during the relevant period, the…

Section 19 — Effect of Act while property is undivided

19 Effect of Act while property is undivided Except as otherwise expressly provided in this Act, nothing in the Act shall— (a) Affect the title of any third person to any property, or affect the…

Section 20 — Interpretation

20 Interpretation (1) In sections 20A to 20E , unless the context otherwise requires,— personal debt means— (a) a debt that is not a relationship debt: (b) a debt to the extent that it is not a…

Section 20A — Rights of creditors preserved

20A Rights of creditors preserved (1) Secured and unsecured creditors of a spouse or partner have the same rights against that spouse or partner, and against property owned by the spouse or partner,…

Section 20B — Protected interest in family home

20B Protected interest in family home (1) Each spouse or partner has a protected interest in the family home, which includes,— (a) where section 11A applies, the proceeds of sale of the family home:…

Section 20C — Payment of protected interest on bankruptcy of other spouse or partner

20C Payment of protected interest on bankruptcy of other spouse or partner (1) If, on the bankruptcy of a spouse or partner, the family home (including a homestead) or, if section 11A applies, the…

Section 20D — Calculation of net value of relationship property

20D Calculation of net value of relationship property The value of the relationship property that may be divided between the spouses or partners under this Act must be calculated by— (a) ascertaining…

Section 20E — Compensation for satisfaction of personal debts

20E Compensation for satisfaction of personal debts (1) If a secured or unsecured personal debt of 1 spouse or partner ( party A ) has been paid or satisfied (directly or indirectly) out of the…

Section 20F — Application of Joint Family Homes Act 1964

20F Application of Joint Family Homes Act 1964 Nothing in sections 20 to 20E derogates from the provisions of the Joint Family Homes Act 1964 . Sections 20A to 20F were inserted, as from 1 February…

Section 21 — Spouses or partners may contract out of this Act

21 Spouses or partners may contract out of this Act (1) A husband and wife, civil union partners, or de facto partners, or any 2 persons in contemplation of entering into a marriage, civil union or…

Section 21A — Spouses or partners may settle differences by agreement

21A Spouses or partners may settle differences by agreement (1) A husband and wife or civil union partners or de facto partners may, for the purpose of settling any differences that have arisen…

Section 21B — Surviving spouse or partner and personal representative may agree on division of property

21B Surviving spouse or partner and personal representative may agree on division of property (1) This section applies— (a) when proceedings are commenced while both spouses or partners are alive,…

Section 21C — Court may be asked to approve agreement between surviving spouse or partner and personal representative

21C Court may be asked to approve agreement between surviving spouse or partner and personal representative (1) If a surviving spouse or partner and the personal representative of the deceased spouse…

Section 21D — Subject matter of agreement

21D Subject matter of agreement (1) An agreement under section 21 or section 21A or section 21B may do all or any of the following: (a) provide that any property, or any class of property, is to be…

Section 21E — Regulations prescribing model forms of agreement

21E Regulations prescribing model forms of agreement (1) The purpose of this section is to minimise the legal expenses of people who wish to enter into an agreement under section 21 or section 21A or…

Section 21F — Agreement void unless complies with certain requirements

21F Agreement void unless complies with certain requirements (1) Subject to section 21H , an agreement entered into under section 21 or section 21A or section 21B is void unless the requirements set…

Section 21G — Other grounds of invalidity not affected

21G Other grounds of invalidity not affected Section 21F does not limit or affect any enactment or rule of law or of equity that makes a contract void, voidable, or unenforceable on any other ground.…

Section 21H — Court may give effect to agreement in certain circumstances

21H Court may give effect to agreement in certain circumstances (1) Even though an agreement is void for non-compliance with a requirement of section 21F , the Court may declare that the agreement…

Section 21I — Agreements entered into by minors

21I Agreements entered into by minors (1) Subject to subsection (2) , if a minor enters into an agreement under section 21 or section 21A or section 21B , the agreement, and every instrument executed…

Section 21J — Court may set agreement aside if would cause serious injustice

21J Court may set agreement aside if would cause serious injustice (1) Even though an agreement satisfies the requirements of section 21F, the Court may set the agreement aside if, having regard to…

Section 21K — Agreements made for valuable consideration

21K Agreements made for valuable consideration (1) Every agreement under section 21 or section 21A or section 21B is taken to have been made for valuable consideration. (2) Nothing in this section…

Section 21L — Enforcement of agreements

21L Enforcement of agreements (1) Remedies that, under any enactment or rule of law or of equity, are available for the enforcement of contracts may be used for the enforcement of agreements under…

Section 21M — Consequences of invalidity of agreement

21M Consequences of invalidity of agreement If an agreement purporting to be made under section 21 or section 21A or section 21B is void or is avoided or is invalid or unenforceable (including an…

Section 21N — Other powers and capacities not affected

21N Other powers and capacities not affected (1) Nothing in this Part limits or affects the capacity of either spouse or partner to agree to acquire or hold any property jointly or in common, whether…

Section 21O — Application of Act to relationship property not subject to agreement

21O Application of Act to relationship property not subject to agreement Relationship property is subject to the provisions of this Act if neither of the following kinds of agreement applies to the…

Section 21P — Agreements made before 1 August 2001 between de facto partners

21P Agreements made before 1 August 2001 between de facto partners (1) This section applies to any agreement— (a) that is made, before 1 August 2001, by de facto partners, or by any 2 persons in…

Section 21Q — Agreements made before 1 August 2001 between spouses relating to division of property on death

21Q Agreements made before 1 August 2001 between spouses relating to division of property on death This section applies to any agreement— (a) that is made, before 1 August 2001, by a husband and…

Section 21R — Agreements to have effect as if Act not passed

21R Agreements to have effect as if Act not passed (1) The following agreements, to the extent that the agreements were valid and would have been enforceable before 1 August 2001, have effect as if…

Section 21S — Agreements made under previous section 21 before 1 August 2001

21S Agreements made under previous section 21 before 1 August 2001 Any agreement made before 1 August 2001 under section 21 (as that section existed immediately before that date) is to be treated as…

Section 21T — Agreements made under this Part before 1 February 2002, where marriage or de facto relationship ends before that date

21T Agreements made under this Part before 1 February 2002, where marriage or de facto relationship ends before that date (1) This section applies to any agreement made under section 21 if— (a) the…