AustLII Tasmanian Consolidated Acts

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RELATIONSHIPS ACT 2003 - SECT 41

41. Adjournment because of significant change in circumstances

      (1) Without limiting the power of a court to grant an adjournment in relation to any proceedings before it, if, on an application by a partner for an order under section 40, the court is of the opinion that –

(a) there is likely to be a significant change in the financial circumstances of either or both of the partners and that, having regard to when that change is likely to take place, it is reasonable to adjourn the proceedings; and

(b) an order that the court could make with respect to the property of either or both of the partners, if that significant change occurs, is more likely to do justice between the partners than an order that the court could make immediately with respect to the property of either or both of the partners –

the court, if requested by either partner, may adjourn the application for a specified period.

      (2) Before adjourning an application under subsection (1), the court may make any order it considers appropriate with respect to the property of either or both of the partners.

      (3) A court, in forming an opinion for the purposes of subsection (1), may have regard to –

(a) any change in the financial circumstances of a partner that may occur because of the vesting in either or both of the partners, or the use or application in or towards the purposes of either or both of the partners, of a financial resource of either or both of the partners; and

(b) any other circumstances the court considers appropriate.



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