26Sharing between spouses

26 Sharing between spouses

(1)  If property is to be shared between spouses under this Division, the property is to be shared –

(a) in accordance with a written agreement between the spouses (a "distribution agreement"); or

(b) in accordance with an order of the Court (a "distribution order"); or

(c) if the conditions prescribed by subsection (2) are satisfied, in equal shares.

(2)  The following conditions must be satisfied if the personal representative is to make an equal division of property between spouses under subsection (1)(c) :

(a) the personal representative has given each spouse a notice in writing stating that the personal representative may distribute the property equally between the spouses unless, within 3 months after the notice was given –

(i) they enter into a distribution agreement and submit the agreement to the personal representative; or

(ii) at least one of the spouses applies to the Court for a distribution order;

(b) at least 3 months have elapsed since the giving of the notices and –

(i) the personal representative has not received a distribution agreement or notice of an application for a distribution order; or

(ii) an application for a distribution order has been made but the application has been dismissed or discontinued.

(3)  If a spouse asks the personal representative to initiate the process for making an equal division of property under subsection (1)(c) , the personal representative must, as soon as practicable –

(a) give the notices required under subsection (2)(a) ; or

(b) make an application to the Court for a distribution order.

(4)  The personal representative must give the spouses written notice at least 30 days before beginning distribution between them on the basis of a distribution agreement or under .