AustLII Tasmanian Consolidated Acts

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RELATIONSHIPS ACT 2003 - SECT 40

Division 2 - Adjustment of interest in property 40. Order for adjustment

      (1) On an application by a partner for an order for the adjustment of interests in respect of the property of either or both the partners, a court may make any order it considers just and equitable having regard to –

(a) the financial and non-financial contributions made directly or indirectly by or on behalf of either or both of the partners to the acquisition, conservation or improvement of any of the property; and

(b) the financial resources of either or both of the partners; and

(c) the contributions, including any contributions made in the capacity of homemaker or parent, made by a partner to the welfare of the other partner or to the welfare of the family constituted by the partners and one or more of –

(i) a child of the partners; or

(ii) a child accepted by either or both the partners into the household of the partners, whether or not the child is a child of either of the partners; and

(d) the nature and duration of the relationship; and

(e) any relevant matter mentioned in section 47.

      (2) A court may make an order in respect of property whether or not it has declared the title or rights of a partner in respect of the property.



[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]