AustLII Tasmanian Consolidated Acts

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RELATIONSHIPS ACT 2003 - SECT 37

37. Prerequisites for making of order

      (1) Subject to subsection (2), a court is not to make an order unless satisfied that the partners referred to in an application under section 36(1) have been in a personal relationship for a continuous period of not less than 2 years.

      (2) A court may make an order if satisfied that –

(a) there is a child of the partners referred to in the application; or

(b) the applicant –

(i) has made substantial contributions of the kind referred to in section 40(1) for which the applicant would otherwise not be adequately compensated if the order were not made; or

(ii) has the care and control of a child of the respondent –

and the failure to make the order would result in serious injustice to the applicant.

      (3) This section does not apply if a deed of relationship has been registered in relation to the personal relationship.



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