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s 18

The order for adjustment

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

18 The order for adjustment

(1)

The order which a court may make under this Division with respect to the property of de facto partners or either of them is such order adjusting the interests of the partners in the property as the court considers just and equitable having regard to:

(a)

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

(b)

the contributions (including any made in the capacity of homemaker or parent) made by either of the partners to the welfare of the other 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 or either of them into the household of the partners, whether or not the child is a child of either of the partners;

(iii)

any person dependent on the partners who has been accepted by the partners or either of them into the household of the partners.

(2)

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

Division 4 Special provisions with respect to applications and orders under Division 3

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