125Sharing between spouses

#### 125 Sharing between spouses 125 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 date of the notice— > > > > > > > (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. > > **s 125:** Ins 2009 No 29, Sch 1 \[4\].