37Prerequisites for making of order

### 37 Prerequisites for making of order > > (1)  Subject to [subsection (2)](#GS37@Gs2@EN) , a court is not to make an order unless satisfied that the partners referred to in an application under [section 36(1)](#GS36@Gs1@EN) 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)](#GS40@Gs1@EN) 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.