Property (Relationships) Act 1976
Sections and provisions with full text and the judgments that cite each one.
Section 60 — Incidence of orders against personal representative of spouse or partner
60 Incidence of orders against personal representative of spouse or partner (1) This section applies when— (a) proceedings are commenced while both spouses or partners are alive; and (b) 1 spouse or…
Section 61 — Surviving spouse or partner may choose option
61 Surviving spouse or partner may choose option (1) If 1 of the spouses or partners has died (except in a situation described in section 10D(1) ), the surviving spouse or partner may choose option A…
Section 62 — Time limit for making choice
62 Time limit for making choice (1) A surviving spouse or partner who wishes to choose option A or option B must make that choice within the following time limits: (a) if the estate of the deceased…
Section 63 — Surviving spouse or partner may not commence proceedings before making election
63 Surviving spouse or partner may not commence proceedings before making election A surviving spouse or partner may not apply under this Act for a division of the relationship property unless— (a)…
Section 64 — Position of surviving spouse or civil union partner if separation order made or marriage or civil union dissolved
64 Position of surviving spouse or civil union partner if separation order made or marriage or civil union dissolved A surviving spouse or civil union partner may apply under this Act for a division…
Section 65 — How choice to be made
65 How choice to be made (1) A surviving spouse or partner who wishes to choose option A or option B must complete and sign a written notice indicating that choice. (2) The notice— (a) must be in the…
Section 66 — Choice of option to be notified to certain persons
66 Choice of option to be notified to certain persons (1) If a notice is lodged in accordance with section 65(2)(c)(ii) , the surviving spouse or partner (the survivor ) must, without delay, give a…
Section 67 — Choice irrevocable
67 Choice irrevocable (1) Once a surviving spouse or partner has chosen option A or option B, that choice cannot be revoked. (2) This section is subject to the Court's power under section 69 to set…
Section 68 — Effect of failure to make choice
68 Effect of failure to make choice (1) If a surviving spouse or partner does not choose option A or option B, in the manner required by section 65 and within the time required by section 62(1) (or…
Section 69 — Chosen option may be set aside
69 Chosen option may be set aside (1) If a surviving spouse or partner has chosen option A or option B, the Court, on application by that spouse or partner, may set that choice aside. (2) The Court…
Section 70 — Choice may not be set aside if estate finally distributed
70 Choice may not be set aside if estate finally distributed The Court may not set aside a choice of option under section 69 unless the application under that section is made before the final…
Section 71 — Distribution of estate before choice made
71 Distribution of estate before choice made (1) The administrator or trustee of the estate of a deceased spouse or partner must not distribute any part of that estate before— (a) the expiry of 6…
Section 72 — Distribution of estate after choice made but before proceedings commenced
72 Distribution of estate after choice made but before proceedings commenced (1) If a surviving spouse or partner chooses option A, the administrator or trustee of the estate of the deceased spouse…
Section 73 — Distribution of estate while proceedings pending
73 Distribution of estate while proceedings pending (1) The administrator or trustee of the estate of a deceased spouse or partner must not distribute any part of that estate while proceedings are…
Section 74 — Distribution of estate not to be disturbed
74 Distribution of estate not to be disturbed (1) This section applies where any part of the estate of a deceased spouse or partner has been distributed— (a) before the personal representative of…
Section 75 — Effect on application of Act of choice of division under this Act
75 Effect on application of Act of choice of division under this Act If the surviving spouse or partner chooses option A,— (a) sections 76 to 78 apply to the proceedings; and (b) sections 2 to 53A…
Section 76 — Effect on will or intestacy of choice of division under this Act
76 Effect on will or intestacy of choice of division under this Act (1) Unless the will (if any) of the deceased spouse or partner expresses a contrary intention,— (a) every gift to the surviving…
Section 77 — Court may permit surviving spouse or partner to take under will or on intestacy
77 Court may permit surviving spouse or partner to take under will or on intestacy (1) Despite section 76 , if the Court is satisfied that it is necessary to avoid injustice, the Court may, on the…
Section 78 — Priority of entitlement of surviving spouse or partner
78 Priority of entitlement of surviving spouse or partner (1) The entitlement of a surviving spouse or partner to any property or payment under an order or agreement made under this Act has priority…
Section 79 — Date at which shares determined
79 Date at which shares determined (1) For the purposes of this Act, the share of a spouse or partner in the relationship property is to be determined as at the following date: (a) if the marriage,…
Section 80 — Classification of property
80 Classification of property (1) This section applies where the classification of any property as relationship property or as any particular type of relationship property depends on the use to which…
Section 81 — Presumption that property of deceased spouse or partner is relationship property
81 Presumption that property of deceased spouse or partner is relationship property (1) All the property that was owned by the deceased spouse or partner at his or her death is presumed, in the…
Section 82 — Presumption that property acquired by estate of deceased spouse or partner is relationship property
82 Presumption that property acquired by estate of deceased spouse or partner is relationship property (1) Property acquired by the estate of the deceased spouse or partner, and the proceeds of a…
Section 83 — Relationship property defined
83 Relationship property defined (1) If, on the death of a spouse or partner, any property of that spouse or partner passes to the surviving spouse or partner, whether by survivorship or otherwise…
Section 84 — Separate property defined
84 Separate property defined All property acquired by the surviving spouse or partner after the death of the deceased spouse or partner is separate property unless the Court considers that it is just…
Section 85 — Marriages, civil unions, and de facto relationships of short duration
85 Marriages, civil unions, and de facto relationships of short duration (1) If a marriage or civil union was a relationship of short duration (as defined in section 2E ), the share of the surviving…
Section 86 — Compensation for actions after separation or death
86 Compensation for actions after separation or death (1) If this Part applies, then for the purposes of sections 18B and 18C , relevant period means,— (a) if the spouses or partners cease to live…
Section 87 — Surviving spouse or partner may challenge agreement
87 Surviving spouse or partner may challenge agreement (1) This section applies if— (a) the spouses or partners make an agreement under section 21 defining the share of the relationship property or…
Section 88 — Who can apply
88 Who can apply (1) The following persons may apply for an order under section 25(1)(a) or (b) or an order or declaration under section 25(3) : (a) the surviving spouse or partner: (b) any person on…
Section 89 — Time for commencement of proceedings
89 Time for commencement of proceedings (1) Proceedings may be commenced after the death of 1 of the spouses or partners if,— (a) at the date of the death of the deceased spouse or partner, the…
Section 90 — Time limits for commencing proceedings
90 Time limits for commencing proceedings (1) Proceedings must be commenced within the following time limits: (a) if the estate of the deceased spouse or partner is a small estate (as defined in…
Section 91 — Qualifications on application of sections 25 to 34 and 43 to 44F
91 Qualifications on application of sections 25 to 34 and 43 to 44F (1) The Court must not make an order in proceedings commenced after the death of 1 of the spouses or partners unless it is…
Section 92 — Persons entitled to be heard
92 Persons entitled to be heard In section 37(1) , “ any person having an interest in the property which would be affected by the order ” does not include a person who has an interest only as a…
Section 93 — Appeals
93 Appeals In section 39(2) , “ any other person prejudicially affected ” does not include a person who is affected only as a beneficiary of, or claimant against, the estate of the deceased spouse or…
Section 94 — Incidence of orders against personal representative of spouse or partner
94 Incidence of orders against personal representative of spouse or partner (1) This section applies when— (a) proceedings are commenced after the death of 1 of the spouses or partners; and (b) the…
Section 95 — Effect on application of Act of choice of will or intestacy
95 Effect on application of Act of choice of will or intestacy (1) If the surviving spouse or partner chooses option B, nothing in this Act (other than sections 20 to 20F or sections 58 and 59 )…
Section 96 — Transitional provisions applying on and from 1 February 1977
96 Transitional provisions applying on and from 1 February 1977 (1) If an application relates to the relationship property of a marriage that took place before 1 February 1977, the Court must, in…
Section 97 — Transitional provisions applying on and from 1 February 2002
97 Transitional provisions applying on and from 1 February 2002 (1) If— (a) proceedings were commenced on or after 1 February 1977 and before 1 February 2002; and (b) the hearing of the proceedings…
Section 98 — Savings applying on and from 1 February 1977
98 Savings applying on and from 1 February 1977 (1) Nothing in this Act affects any order made before 1 February 1977 under section 41 or section 44 of the Matrimonial Proceedings Act 1963, and the…
Section 99 — Savings applying on and from 1 February 2002
99 Savings applying on and from 1 February 2002 The death of a spouse or de facto partner does not affect the validity or effect of anything already done or suffered under this Act or under the…