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s 16

Conditions for making of order include length of relationship

In force
Part 2Power of Courts to declare existence of relationships, to declare and adjust interests in property, and make maintenance orders
Division 3Orders for adjustment of interests in property

16 Conditions for making of order include length of relationship

(1)

Except as provided by subsection (2), a court must not make an order under this Division unless it is satisfied that the de facto partners have lived together in a de facto relationship for a period of not less than 2 years.

(2)

Where the court is not satisfied that the partners have lived together as mentioned in subsection (1), it may nevertheless make an order under this Division if satisfied:

(a)

that there is a child of the de facto partners; or

(b)

that the partner who applied for the order:

(i)

has made substantial contributions of the kind mentioned in section 18(1)(a) or (b) for which that partner would otherwise not be adequately compensated if the order were not made; or

(ii)

has the care and control of a child of the other partner;

and that failure to make the order would result in serious injustice to the partner who applied for the order.

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