Division 1 Preliminary
14 Applications for orders under this Part
(1) Subject to this Part, a party to a domestic relationship may apply
to a court for an order under this Part for the adjustment of interests with
respect to the property of the parties to the relationship or either of them
or for the granting of maintenance, or both.
(2) An application referred to in subsection (1) may be made whether
or not any other application for any remedy or relief is or may be made under
this Act or any other Act or any other law.
15 Prerequisites for making of order—residence within
(1) A court shall not make an order under this Part unless it is
(a) that the parties to the application were or either of them was
resident within New South Wales on the day on which the application was made,
(i) both parties were resident within New South Wales for a
substantial period of their domestic relationship, or
(ii) substantial contributions of the kind referred to in section 20
(1) (a) or (b) have been made in New South Wales by the
(2) For the purposes of subsection (1) (b) (i), the parties to an
application shall be taken to have been resident within New South Wales for a
substantial period of their domestic relationship if they have lived together
in the State for a period equivalent to at least one-third of the duration of
16 Relevant facts and circumstances
Where a court is satisfied as to the matters specified in section
15 (1) (a) and (b), it may make or refuse to make an order under this Part by
reason of facts and circumstances notwithstanding that those facts and
circumstances, or some of them, took place before the appointed day or outside
New South Wales.
17 Prerequisites for making of order—length of
(1) Except as provided by subsection (2), a court shall not make an
order under this Part unless it is satisfied that the parties to the
application have lived together in a domestic relationship for a period of not
less than 2 years.
(2) A court may make an order under this Part where it is
(a) that there is a child of the parties to the application,
(b) that the applicant:
(i) has made substantial contributions of the kind referred to in
section 20 (1) (a) or (b) 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
and that the failure to make the order would result in serious injustice
to the applicant.
18 Time limit for making applications
(1) If a domestic relationship has ceased, an application to a court
for an order under this Part can only be made within the period of 2 years
after the date on which the relationship ceased, except as otherwise provided
by this section.
(2) A court may, at any time after the expiration of the period
referred to in subsection (1), grant leave to a party to a domestic
relationship to apply to the court for an order under this Part (other than an
order under section 27 (1) made where the court is satisfied as to the matters
specified in section 27 (1) (b)) where the court is satisfied, having regard
to such matters as it considers relevant, that greater hardship would be
caused to the applicant if that leave were not granted than would be caused to
the respondent if that leave were granted.
(3) Where, under subsection (2), a court grants a party to a domestic
relationship leave to apply to the court for an order under this Part, the
party may apply accordingly.
19 Duty of court to end financial relationships
In proceedings for an order under this Part, a court shall, so far
as is practicable, make such orders as will finally determine the financial
relationships between the parties to a domestic relationship and avoid further
proceedings between them.