37Prerequisites for making of order

37 Prerequisites for making of order

(1)  Subject to subsection (2) , a court is not to make an order unless satisfied that the partners referred to in an application under section 36(1) have been in a personal relationship for a continuous period of not less than 2 years.

(2)  A court may make an order if satisfied that –

(a) there is a child of the partners referred to in the application; or

(b) the applicant –

(i) has made substantial contributions of the kind referred to in section 40(1) for which the applicant would otherwise not be adequately compensated if the order were not made; or

(ii) has the care and control of a child of the respondent –

and the failure to make the order would result in serious injustice to the applicant.

(3)  This section does not apply if a deed of relationship has been registered in relation to the personal relationship.