What it does
The Property (Relationships) Act 1984 (NSW) establishes a statutory framework for the adjustment of property interests and the provision of maintenance between parties to a domestic relationship that has broken down. At its core, the Act empowers the Supreme Court and the Local Court to make orders that alter legal and equitable interests in property where it is just and equitable to do so, having regard to the contributions of each party (s 20). Contributions are broadly defined and expressly include both financial and non-financial inputs to the acquisition, conservation or improvement of property or financial resources, as well as contributions made in the capacity of homemaker or parent to the welfare of the other party or the family (s 20(1)(a)–(b)).
The legislation also creates a limited right to maintenance. Unlike the position under the Family Law Act 1975 (Cth) for married couples, there is no general right to maintenance between parties to a domestic relationship (s 26). Maintenance may only be ordered where the applicant has the care and control of a child of the parties (or of the respondent) who is under 12 (or 16 if handicapped) or where the applicant’s earning capacity has been adversely affected by the relationship and an order would enable retraining that is reasonable in all the circumstances (s 27(1)). The Act prescribes detailed rules governing the duration of periodic maintenance orders (s 30), their cessation on death, marriage or remarriage (s 32), and variation (s 35).
Part 4 regulates domestic relationship agreements and termination agreements. These are contractual instruments that can oust the court’s jurisdiction to make Part 3 orders provided they are in writing, signed, and each party has received independent legal advice evidenced by a certificate in the prescribed form (s 47(1)). The Act sets out when such agreements may nevertheless be varied or disregarded (ss 49–50) and how they operate on death (ss 51–52).