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When Equal Sharing is Unjust - Section 13 PRA 2025 - On Demand

Published: 05-11-2025 CPD hours: 1.00

Excl GST

Non Member: $143.00

Law Society Member: $100.00

Package includes:

On Demand Module | Electronic booklet | PowerPoint Presentation

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Presentation time: 60 minutes

Section 13 of the Property (Relationships) Act 1976 (PRA) provides a limited exception to the default rule of equal sharing of relationship property in circumstances where there are exceptional circumstances that would make such sharing “repugnant to justice”. Yet, the provision is often perceived as being too hard to achieve or apply in practice. Many clients present with imperfect situations that don’t obviously meet the high threshold under s 13. This module will provide a clear and practical guide to recognising when the provision should be considered. With insights into recent and established case law, approaches for dealing with complex facts, and practical tips for presenting persuasive arguments, this webinar will demystify s 13 and equip you to use it effectively.

Topics covered will include:

The legislative intent behind s 13 PRA
The demanding legal test shaped by case law
The types of contributions and circumstances that can justify a departure from equal sharing.

Learning objectives

By completing this module you will:

Understand the threshold and requirements of s 13 PRA.
Be more confident in recognising when s 13 PRA applies.
More confidently advocate for a s 13 PRA application.

Electronic paper

Authors: Katie Hollister-Jones, Ben Jefferson
Published: 5 November 2025
Pages: 25

Introduction

It is now relatively common knowledge, that when a qualifying relationship comes to an end (either by separation or on death of one of the parties) pursuant to the Property (Relationships) Act 1976 (the Act), all relationship property is presumed to be divided equally between the parties if the relationship has lasted for more than three years.

Section 13 of the Act, represents a departure, available only in limited circumstances, from the default of equal sharing.

Since the former Matrimonial Property Act 1976 (the 1976 Act) came into force almost 50 years ago, there has been a growing appreciation of the need to recognise a broad range of contributions to a relationship (both financial and non-financial) in order to arrive at a just division of property at the end of the relationship (either by virtue of separation or death).