Victorian Current Acts

RELATIONSHIPS ACT 2008 - SECT 45

    (1)     On an application by a domestic partner under section 41 for an order to adjust interests with respect to the property of one or both of the domestic partners, a court may make an order adjusting the interests of the domestic partners in the property of one or both of them that seems just and equitable to it having regard to—

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

        (b)     the contributions, including any contributions made in the capacity of homemaker or parent, made by either of the domestic partners to the welfare of the other domestic partner or to the welfare of the family constituted by the partners and one or more of the following—

              (i)     a child of the partners;

              (ii)     a child accepted by the partners as one of the family, whether or not the child is a child of one or both of the partners; and

        (c)     the nature and duration of the domestic relationship; and

        (d)     any relevant matter referred to in section 51.

S. 45(1A) inserted by No. 4/2009 s. 25(1).

    (1A)     On an application by a caring partner under section 41 for an order to adjust interests with respect to the property of one or both of the caring partners, a court may make an order adjusting the interests of the caring partners in the property of one or both of them that seems just and equitable having regard to—

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

        (b)     the contributions made by either of the caring partners to the welfare of the other caring partner; and

        (c)     the nature and duration of the registered caring relationship; and

        (d)     any relevant matter referred to in section 51.

S. 45(2) amended by No. 4/2009 s. 25(2).

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

Note

See section 59 for the effect of a relationship agreement on the court's power to make an order under this section.