Section 148G

Interpretation of phrases used in sections 148E to148I. 148.D In sections 148E to 148I, “common law union” or “union” means the relationship that is established when a man and woman who are not legally married to each other and to any other person cohabit together continuously as husband and wife for a period of at least five years. interests in property and alteration of property rights in separation in common-law union. 148.E-(1) Where the parties to a common-law union separate, then either party to the union may thereafter make application to the court for a declaration of that party’s title or rights in respect of property acquired by the parties or either of them during the subsistence of the union. (2) In any proceedings under sub-section (1), between the parties to a common-law union in respect of the existing title or rights to property, the court may declare the title or rights, if any, that a party has in respect of the property. (3) In addition to making a declaration under sub-section (2), the court may also in such proceedings make such order as 85 it thinks fit altering the interests and rights of the parties to the union in the property, including– (a) an order for a settlement of some other property in substitution for any interest or right in the property; and (b) an order requiring either or both parties to the union to make, for the benefit of the other party, such settlement or transfer of property as the court determines. (4) The court shall not make an order under sub-section (3) unless it is satisfied that, in all the circumstances, it is just and equitable to make the order. (5) In considering whether it is just and equitable to make an order under sub-section (3), the court shall take into account the following– (a) the financial contribution made directly or indirectly by or on behalf of either party to the union in the acquisition, conservation or improvement of the property, or otherwise in relation to the property; (b) the non-financial contribution made directly or indirectly by or on behalf of either party to the union in the acquisition, conservation or improvement of the property, including any contribution made in the capacity of housewife, homemaker or parent; (c) the effect of any proposed order against the earning capacity of either party to the union; (d) the age and state of health of each of the parties to the union and the children born from the union, if any; 86 (e) the eligibility of either party for a pension, allowance, gratuity or some other benefit under any law, or under any superannuation scheme, and where applicable, the rate of such pension, allowance, gratuity or benefit as aforesaid; (f) the duration of the union and the extent to which it has affected the education, training and development of the party to the union in whose favour the order will be made; (g) the need to protect the position of a woman, especially a woman who wishes to continue in her role as a mother; (h) the non-financial contribution made by the female party to the union in the role of companion and/or mother and in raising any children born from the union, if any; or (i) any other fact or circumstance that, in the opinion of the court, the justice of the case requires to be taken into account. (6) Where the court makes an order under sub-section (3), it may also make such consequential orders in respect thereto, including orders as to sale or partition, and interim or permanent orders as to possession, and may further order that any necessary deed or instrument be executed, and that such documents of title to the property be produced or such other things be done as are necessary to enable the court’s order to be carried out effectively, or that security be provided for the due performance of an order. (7) Any order made by the court under this section shall be binding on the parties to the union, but not on any other person. 87 148.F-(1) Where a court is satisfied on an application by a person affected by an order made under section 148E, the order was obtained by fraud, duress, the giving of false evidence or by the suppression of evidence, the court may in its discretion, set aside the order, or make another order in substitution of the Power to set aside orders altering property interests in separation in common- law union. (2) Section 148E(7), all apply in respect of an order made under sub-section (1). Appeals in separation in common-law union. CAP. 90. 148.G Any person affected by an order made under section 148E or 148F, or by the setting aside of an order made under section 148F, may appeal against such order or the setting aside of the order to the Court of Appeal, pursuant to section 14(1)(a) of the Court of Appeal Act and the provisions of section 148E shall, mutatis mutandis, apply to such an appeal. 148.H-(1) In cases where sections 148A to 148G apply, the court may on application by an interested party or on its own motion, set aside any instrument transferring property from a spouse to a marriage to any other person, or from a party to a union to any other person, or may restrain the making of such an instrument or disposition by or on behalf of, or by the direction and in the interest of, such spouse or party to a union, which is made or is intended or proposed to be made to defeat an existing or anticipated order in any proceedings under the said sections, or which, irrespective of intention, is likely to defeat any such order. Transfers of property to avoid court orders to be void. (2) An instrument or disposition made contrary to sub- section (1), is void. 148.I. A party to a common-law union shall have the same rights as a spouse to a marriage, in respect of himself or the children born out of the union, if any, to apply to the courts, either during the subsistence of the union or upon the separation of the parties to the union, for maintenance, and any law now or hereafter in force in relation to maintenance in respect of spouses to a marriage shall, upon the commencement of this Maintenance in respect of parties to a common-law union. 88 section, apply, with the necessary modifications, to a party to a common- law union. 147 to 148.