DOMESTIC RELATIONSHIPS ACT 1994 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 2. Dictionary 2A. Notes 3. Meaning of domestic relationship 3A. Termination agreements 4. Application of Act 5. Other relief or remedies not affected PART 2--MEDIATION AND ARBITRATION 6. Advice about facilities 7. Conciliation 8. Referral of matters for mediation or arbitration 9. Admissions made to mediators PART 3--ADJUSTMENT OF PROPERTY INTERESTS AND MAINTENANCE Division 3.1--Preliminary 10. Institution of proceedings 11. Prerequisite for relief--residence etc 12. Prerequisite for relief--length of relationship etc 13. Time limit for making applications 14. Court to end financial relations Division 3.2--Adjustment of property interests 15. Property orders 16. Deferment of order 17. Death of party--effect on proceedings Division 3.3--Maintenance 18. No general right to maintenance 19. Maintenance orders 20. Interim maintenance 21. Death of party--effect on application 22. Periodic maintenance orders--duration 23. Periodic maintenance orders--variation etc 24. Periodic maintenance orders--cessation Division 3.4--General 25. Court orders etc 26. Execution of instruments by order of court 27. Urgent orders etc in the absence of a party 28. Variation and setting aside of orders 29. Transactions to defeat claims 30. Interests of other parties PART 4--DOMESTIC RELATIONSHIP AGREEMENTS AND TERMINATION AGREEMENTS 31. Meaning of agreement for pt 4 32. Validity of agreements 33. Effect of agreements in proceedings under pt 3 34. Variation etc of agreements 35. Revocation etc of agreements 36. Death of party--effect on periodic maintenance under 37. Death of party--transfer of property and lump sum payments under PART 5--MISCELLANEOUS 38. Declarations--existence of domestic relationship 39. Annulment of declaration 40. Declarations--interests in property 41. Regulation-making power DICTIONARY ENDNOTES DOMESTIC RELATIONSHIPS ACT 1994 - LONG TITLE An Act to make provision with respect to certain domestic relationships DOMESTIC RELATIONSHIPS ACT 1994 - SECT 1 Name of Act This Act is the Domestic Relationships Act 1994. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere in this Act. For example, the signpost definition '"agreement", for part 4 (Domestic relationship agreements and termination agreements)--see section 31.' means that the term 'agreement' is defined in that section for part 4. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). DOMESTIC RELATIONSHIPS ACT 1994 - SECT 2A Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 3 Meaning of domestic relationship (1) In this Act: "domestic relationship" means a personal relationship between 2 adults in which one provides personal or financial commitment and support of a domestic nature for the material benefit of the other and includes a domestic partnership but does not include a legal marriage. Note For the meaning of domestic partnership, see the Legislation Act, s 169. It includes a civil partnership. (2) For subsection (1)-- (a) a personal relationship may exist between people although they are not members of the same household; and (b) a personal relationship is not taken to exist between people only because one of them provides a service for the other-- (i) for fee or reward; or (ii) on behalf of another person (including a government or body corporate); or (iii) on behalf of an organisation the principal objects or purposes of which are charitable or benevolent. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 3A Termination agreements (1) In this Act: "termination agreement" means-- (a) an agreement between 2 people that-- (i) is made in contemplation of terminating a domestic relationship that exists between them or after the termination of a domestic relationship between them; and (ii) makes provision with respect to financial matters; or (b) such an agreement that varies a domestic relationship agreement or termination agreement; regardless of when it is made, whether there are other parties or whether it makes provision about non-financial matters. (2) However, a termination agreement is taken to be a domestic relationship agreement if-- (a) the termination agreement is made in contemplation of the termination of a domestic relationship; and (b) the relationship is not terminated within 3 months after the day on which the agreement is made. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 4 Application of Act This Act does not apply in relation to-- (a) a domestic relationship that ceased before the commencement day; or (b) a person to the extent that he or she was a party to such a relationship. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 5 Other relief or remedies not affected Nothing in this Act shall be taken to affect any right of a party to a domestic relationship to any remedy or relief under any other Act or law. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 6 Advice about facilities (1) On request by-- (a) a party to a domestic relationship; or (b) a party to proceedings under this Act; the registrar of a court shall, as far as practicable, advise the person about any mediation or arbitration facilities available in the court or elsewhere in relation to matters with respect to which proceedings could be instituted under this Act, and how those facilities are made available. (2) In subsection (1): "registrar" includes a deputy registrar. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 7 Conciliation If proceedings under this Act have been instituted, it is the duty of the court and each lawyer representing a party to the proceedings, as far as practicable-- (a) to allow the parties to settle the matters in dispute; and (b) to encourage the parties to seek the assistance of the mediation and arbitration facilities referred to in section 6. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 8 Referral of matters for mediation or arbitration (1) A court may refer all or any of the matters in dispute in proceedings before it to a mediator. (2) A court may refer proceedings before it, or any part of them or any matter arising in them, to an arbitrator. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 9 Admissions made to mediators Evidence of anything said, or of any admission made, at a conference conducted by a mediator under a referral under section 8 (1) is not admissible in proceedings in a court or before a tribunal or person having authority under a law in force in the ACT, or by consent of parties, to hear evidence. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 10 Institution of proceedings (1) Subject to subsection (2), proceedings under this Act may be instituted in-- (a) the Supreme Court; or (b) the Magistrates Court. (2) Unless the parties agree and the Magistrates Court thinks it is desirable to do so, that court does not have jurisdiction to hear and decide proceedings under this Act if-- (a) the amount claimed (whether initially or as reduced by payment, admitted set-off or otherwise) exceeds the jurisdictional limit of the court; or (b) the proceedings relate to a declaration in relation to title or right to property and the value of the property, or of the right to it, exceeds the jurisdictional limit of the court. (3) In subsection (2): "jurisdictional limit" means the maximum amount that may be claimed in a personal action at law that the Magistrates Court has jurisdiction to hear and decide under the Magistrates Court Act 1930. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 11 Prerequisite for relief--residence etc (1) A court shall not make an order under this part unless it is satisfied-- (a) that either or both of the parties to the domestic relationship were resident in the ACT on the day on which the application for the order was made; and (b) that-- (i) both parties to the relationship have resided in the ACT for at least 1/3 of the period of their relationship; or (ii) substantial contributions of the kind referred to in section 15 (1) (b) or (c) have been made in the ACT by the applicant. (2) If the court is so satisfied, it may make or refuse to make an order under this part because of facts and circumstances even though they, or some of them, took place before the commencement day or outside the ACT. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 12 Prerequisite for relief--length of relationship etc (1) A court must not make an order under this part in relation to a domestic relationship (other than a civil partnership) unless satisfied that the domestic relationship has existed between the applicant and respondent for not less than 2 years. (2) However, if the court is not so satisfied, it may make an order under this part if it is satisfied that-- (a) there is a child of the parties to the relationship; or (b) the applicant-- (i) has made substantial contributions of the kind referred to in section 15 (1) (b) or (c) 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 that the failure to make the order would result in serious injustice to the applicant. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 13 Time limit for making applications (1) An application for an order under this part by a party to a domestic relationship that has ended shall not be made more than 2 years after the day on which the relationship ended. (2) A court may grant leave to a person to apply for an order under this part after the end of the period referred to in subsection (1) if it is satisfied that greater hardship would be caused to the applicant if leave were refused than if it were granted. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 14 Court to end financial relations As far as practicable, a court shall make orders under this part that will end the financial relationship between the parties to the domestic relationship and avoid further proceedings between them. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 15 Property orders (1) On application by a party to a domestic relationship, a court may make an order adjusting the interests in the property of either or both of the parties that seems just and equitable to it having regard to-- (a) the nature and duration of the relationship; and (b) the financial or non-financial contributions made directly or indirectly by or on behalf of either or both of the parties to the acquisition, conservation or improvement of any of the property or financial resources of either or both of them; and (c) the contributions (including any in the capacity of homemaker or parent) made by either of the parties to the welfare of the other or any child of the parties; and (d) the matters referred to in section 19 (2), as far as they are relevant; and (e) such other matters (if any) as the court considers relevant. (2) A court may make an order under subsection (1) whether or not it has declared the title or rights of a party in respect of the property. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 16 Deferment of order If a court is satisfied that a party to a domestic relationship is likely to become entitled soon to property that may be applied in satisfaction of an order under this part, it may defer the operation of the order until a date, or the occurrence of an event, specified in the order. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 17 Death of party--effect on proceedings If a party to proceedings under this division dies before the proceedings are completed and the proceedings are continued by or against the legal personal representative of the deceased party, a court may make an order under this division if it is of the opinion that-- (a) it would have adjusted interests in respect of the property but for the death; and (b) despite the death, it is still appropriate to adjust those interests. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 18 No general right to maintenance Except as otherwise provided by this division, a party to a domestic relationship is not liable to maintain the other party to the relationship. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 19 Maintenance orders (1) On an application by a party to a domestic relationship, a court may order the other party to the relationship to pay an amount, or periodic amounts, by way of maintenance to the applicant if it is satisfied that-- (a) the applicant is unable to support himself or herself adequately because of having the care and control of a child of the parties, or a child of the other party, who, on the day on which the application is made, has not attained the age of-- (i) 12 years; or (ii) if the child has a physical or mental disability--16 years; or (b) the applicant is unable to support himself or herself adequately because the applicant's earning capacity has been adversely affected by the circumstances of the relationship and the court is satisfied that-- (i) an order for maintenance would increase the applicant's earning capacity by enabling the applicant to undertake a course or program of training or education; and (ii) it is reasonable to make the order, having regard to all the circumstances of the case. (2) In exercising a power under subsection (1), a court shall have regard to-- (a) the income, property and financial resources of each party; and (b) the physical and mental capacity of each party for appropriate gainful employment; and (c) the financial needs and obligations of each party; and (d) the responsibilities of either party to support any other person; and (e) the terms of any order made or proposed to be made under section 15 with respect to the property of either or both of the parties; and (f) any payments made to the applicant, under an order of a court or otherwise, in respect of the maintenance of a child or children. (3) In making an order for maintenance, a court shall ensure that the terms of the order will, as far as practicable, preserve any entitlement of the applicant to a pension, allowance or benefit. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 20 Interim maintenance If a court is satisfied that an applicant for an order under this part is in immediate need of financial assistance, but it is not practicable in the circumstances to determine immediately what order (if any) should be made, the court may order the other party to the domestic relationship to pay to the applicant such periodic or other amounts as the court considers reasonable, until the application is determined. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 21 Death of party--effect on application Proceedings on an application for an order under this division may not be continued after the death of either party to the domestic relationship. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 22 Periodic maintenance orders--duration (1) Subject to subsections (2), (3) and (4) and sections 23 and 24, an order for periodic maintenance has effect for the period ascertained in accordance with the order. (2) An order for periodic maintenance in respect of a child, based solely on the ground specified in section 19 (1) (a), shall not be made in respect of a period after the child attains the age of-- (a) 12 years; or (b) if the child has a physical or mental disability--16 years. (3) An order for periodic maintenance based solely on the ground specified in section 19 (1) (b) shall not be made in respect of a period after-- (a) the expiration of the period of 3 years commencing on the date of the order; or (b) the expiration of the period of 4 years commencing on the date on which the parties to the domestic relationship ended, or last ended, their relationship; whichever occurs sooner. (4) An order for periodic maintenance based on the grounds specified in section 19 (1) (a) and (b) shall have effect for a period determined by the court, not exceeding the period permissible under subsection (2) or (3), whichever is longer. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 23 Periodic maintenance orders--variation etc (1) On application by a person in respect of whom an order for periodic maintenance has been made, a court may-- (a) subject to subsection (2), discharge the order; or (b) suspend the operation of the order, wholly or in part, for a specified period or until a specified time or event; or (c) revoke a suspension under paragraph (b), wholly or in part; or (d) subject to subsection (2) and sections 19, 22 and 24, vary the order. (2) A court shall not discharge the order, or vary the amount of maintenance ordered to be paid, unless it is satisfied that, since the order was made, or last varied-- (a) the circumstances of either party have so changed; or (b) the cost of living has changed to such an extent; as to justify it doing so. (3) For subsection (2) (b), a court shall have regard to any changes that have occurred since the order was made or last varied in-- (a) the consumer price index (all groups index) issued by the Australian Statistician; or (b) if the regulations prescribe a group of numbers or amounts issued by the Australian statistician that relate to the price of goods and services (other than the group set out in that index)--the prescribed group. (4) In considering the variation of an order, a court shall not have regard to a change in the cost of living unless at least 12 months have elapsed since the order was made or last varied having regard to a change in the cost of living. (5) An order decreasing the amount of a periodic sum payable under an order may be expressed to be retrospective to such date as the court thinks fit. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 24 Periodic maintenance orders--cessation (1) An order for periodic maintenance ceases to have effect, to the extent that it relates to the maintenance of a child by virtue of section 19 (1) (a), on the expiration of the day on which the person in whose favour the order was made ceases to have the care and control of the child. (2) An order for periodic maintenance ceases to have effect on the death of either party to the domestic relationship. (3) The cessation of an order does not affect the recovery of arrears of maintenance due when the order ceased to have effect. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 25 Court orders etc For this Act but without limiting the other provisions of this part, a court may-- (a) order the transfer of property; or (b) order the sale of property and the distribution of the proceeds of sale in such proportions as it thinks fit; or (c) order that any necessary deed or instrument be executed and that documents of title be produced or other things be done to enable an order to be carried out effectively or to provide security for the due performance of an order; or (d) order payment of a lump sum, whether in 1 amount or by instalments; or (e) order payment of a periodic sum; or (f) order that payment of any sum ordered to be paid be wholly or partly secured in such manner as the court directs; or (g) appoint or remove trustees; or (h) make an order or grant an injunction-- (i) to protect, or otherwise relating to, the property or financial resources of either or both of the parties to the relationship; or (ii) to aid enforcement of any other order made in respect of an application; or (i) impose terms and conditions; or (j) make an order by consent; or (k) make an order in the absence of a party; or (l) make any other order or grant any other injunction (whether or not of the same nature as those mentioned in paragraphs (a) to (k)) that it considers is necessary to do justice. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 26 Execution of instruments by order of court (1) If-- (a) a person fails to comply with an order directing the person to execute a deed or an instrument; or (b) for any other reason, a court thinks it necessary to do so; the court may appoint an officer of the court or other person to execute the deed or instrument in the name of the firstmentioned person and to do all acts and things necessary to give effect to the deed or instrument. (2) The execution of the deed or instrument by the person so appointed has the same effect as if it had been executed by the person directed by the order to execute it. (3) A court may make such order as it thinks just as to the payment of the costs and expenses of, and incidental to, the preparation and execution of the deed or instrument. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 27 Urgent orders etc in the absence of a party (1) In a case of urgency, a court may-- (a) make an order under section 20; or (b) make an order or grant an injunction referred to in section 25 (h); in the absence of a party. (2) An application for relief under this section may be made orally or in writing or in any form the court considers appropriate. (3) A court shall not make an order or grant an injunction on an application that is not in writing unless it considers that it is necessary to do so because of the extreme urgency of the case. (4) A court may give directions with respect to the filing, serving and further hearing of a written application. (5) An order made or injunction granted on an application under this section shall be expressed to operate or apply until a specified time or the further order of the court. (6) A court may give directions with respect to-- (a) the service of the order or injunction and any other documents it thinks fit; and (b) the hearing of an application for a further order. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 28 Variation and setting aside of orders If, on the application of a person in respect of whom an order under section 15 or 19 is in force, a court is satisfied that-- (a) there has been a miscarriage of justice because of fraud, duress, suppression of evidence, the giving of false evidence or any other circumstance; or (b) in the circumstances that have arisen since the order was made, it is impracticable for the order, or a part of the order, to be carried out; or (c) a person has defaulted in carrying out an obligation imposed by the order and, in the circumstances that have arisen as a result of that default, it is just and equitable to vary the order or set it aside and make a substitute; the court may vary the order or set it aside and, if it thinks fit, make another order under this part in substitution for the order. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 29 Transactions to defeat claims (1) On an application for an order under this part, a court may set aside or restrain the making of an instrument or a disposition of property by, or on behalf of or in the interest of, a party that is made or proposed to be made to defeat an existing or anticipated order relating to the application, or which, irrespective of intention, is likely to defeat any such order. (2) The court may, without limiting the operation of section 25, order that any property dealt with by the instrument or disposition may be taken in execution of, or used or applied in, or charged with, the payment of any sum payable under an order under this part or for costs as the court directs, or that the proceeds of a sale shall be paid into court to await its order. (3) The court may order a person who acts in collusion with a party in relation to the making of the instrument or disposition to pay the costs of any other party or of a purchaser in good faith or other interested person in relation to the instrument or disposition or the setting aside or restraining of the instrument or disposition. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 30 Interests of other parties In the exercise of a power under this part, a court shall have regard to the interests, and shall make any order proper for the protection, of a purchaser in good faith or other interested person. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 31 Meaning of agreement for pt 4 In this part: "agreement" means a domestic relationship agreement or a termination agreement. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 32 Validity of agreements (1) Except as otherwise provided by this part, an agreement is subject to, and enforceable in accordance with, the law of contract. (2) Nothing in an agreement shall be taken to affect the power of a court to make an order with respect to-- (a) the right to custody or maintenance of, or access to; or (b) any other matter relating to; a child of the parties to the agreement. (3) A provision in an agreement purporting to exclude the jurisdiction of a court is invalid but its invalidity does not affect the validity of the rest of the agreement. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 33 Effect of agreements in proceedings under pt 3 (1) In proceedings under part 3, if a court is satisfied that-- (a) there is an agreement between the parties to a domestic relationship; and (b) the agreement is in writing; and (c) the agreement is signed by the party against whom it is sought to be enforced; and (d) before the agreement was signed each party was given a certificate by a solicitor to the effect that the solicitor had advised the party, independently of the other party, about-- (i) the effect of the agreement on the rights of the parties under this Act; and (ii) the advantages and disadvantages for the party, at the time the advice was given, of making the agreement; and (e) the certificates referred to in paragraph (d) are endorsed on or accompany the agreement; the court shall not (except as provided by sections 34 and 35) make an order under part 3 that would be inconsistent with the terms of the agreement. (2) In proceedings under part 3, if a court is satisfied that there is an agreement between the parties to a domestic relationship, but is not satisfied as to any 1 or more of the matters referred to in subsection (1) (b), (c), (d) or (e), the court may nevertheless have regard to the terms of the agreement in making any order under that part. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 34 Variation etc of agreements In proceedings under part 3, a court may vary or set aside all or any of the provisions of an agreement, notwithstanding that the matters referred to in sections 33 (1) (b), (c), (d) and (e) are satisfied, only if it is satisfied that the enforcement of the agreement would result in serious injustice. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 35 Revocation etc of agreements In proceedings under part 3, a court is not required to give effect to the terms of an agreement if it is satisfied that-- (a) the parties have, by words or conduct, revoked the agreement or consented to its revocation; or (b) the agreement has otherwise ceased to have effect. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 36 Death of party--effect on periodic maintenance under agreement (1) The provisions of an agreement requiring a person to pay periodic maintenance cease to have effect on the death of the person, unless the agreement provides otherwise. (2) The provisions of an agreement providing for a person to receive periodic maintenance cease to have effect on the death of the person. (3) Subsections (1) and (2) shall not be taken to affect the right to recover arrears of periodic maintenance due under the agreement at the time of the party's death. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 37 Death of party--transfer of property and lump sum payments under agreement The provisions of an agreement relating to property or lump sum payments may, on the death of a party, be enforced on behalf of, or against the estate of the deceased party, as the case may be, except to the extent that the agreement provides otherwise. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 38 Declarations--existence of domestic relationship (1) A court may, on application or its own initiative, declare whether a domestic relationship exists, or existed, between specified persons on a specified date or during a specified period, or both. (2) A declaration has effect as a judgment of the court. (3) A declaration may be made whether or not the person or either of the persons named by the applicant as a party or parties to a domestic relationship is alive. (4) While a declaration is in force, the persons to whom it relates shall be taken for all purposes to have been, or not to have been, parties to a domestic relationship, as specified in the declaration. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 39 Annulment of declaration (1) A court may, by order, annul a declaration under section 38-- (a) on application by a person who applied for, or is affected by, the declaration; and (b) if it is satisfied that new facts or circumstances have arisen that have not previously been disclosed to the court and could not have been so disclosed by the exercise of reasonable diligence. (2) A declaration ceases to have effect on the making of an order of annulment but an annulment does not affect anything done in reliance on the declaration while it remained in force. (3) If a court annuls a declaration, it may, if it is satisfied that it would be just and equitable to do so, make ancillary orders (including orders varying rights with respect to property or financial resources) to place any person affected by the annulment, as far as practicable, in the position that person would have been in if the declaration had not been made. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 40 Declarations--interests in property (1) In proceedings between parties to a domestic relationship with respect to existing title or rights in respect of property, a court may declare the title or rights (if any) that a party has in respect of the property. (2) A court may make orders to give effect to a declaration, including orders as to possession. (3) An order under this section is binding on the parties to a domestic relationship but not on any other person. DOMESTIC RELATIONSHIPS ACT 1994 - SECT 41 Regulation-making power (1) The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. (2) The regulations may make provision in relation to the enforcement by the Magistrates Court of orders of the Supreme Court under this Act that could have been made by the Magistrates Court. DOMESTIC RELATIONSHIPS ACT 1994 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o ACT o civil partnership o Executive o lawyer o Magistrates Court o person o Supreme Court. "agreement", for part 4 (Domestic relationship agreements and termination agreements)--see section 31. "child", of the parties to a domestic relationship, means each of the following children: (a) a child of whom the parties are the parents; (b) a child for whose long-term welfare both parties accept responsibility. "commencement day" means 11 July 1997. "court" means the Supreme Court or the Magistrates Court. "domestic relationship"--see section 3. "domestic relationship agreement" means-- (a) an agreement between 2 persons that-- (i) is made in contemplation of their entering into a domestic relationship or during the existence of a domestic relationship between them; and (ii) makes provision with respect to financial matters; or (b) such an agreement that varies a domestic relationship agreement; regardless of when it is made, whether there are other parties or whether it makes provision with respect to non-financial matters. Note In certain circumstances a termination agreement may be taken to be a domestic relationship agreement (see s 3A (2)). "financial matters", in relation to either or both of the parties to a domestic relationship, means matters with respect to the maintenance, property or financial resources of either or both of the parties. "financial resources", in relation to either or both of the parties to a domestic relationship, includes-- (a) a prospective claim or entitlement in favour of either or both of the parties in respect of a scheme, fund or arrangement under which superannuation, retirement or similar benefits are provided; and (b) property that, under a discretionary trust, may become vested in or used for the purposes of either or both of the parties; and (c) property that either or both of the parties may dispose of wholly or partially and that is capable of being used lawfully by or on behalf of either or both of the parties; and (d) any other benefit of value to either or both of the parties. "party", to a domestic relationship, includes a person who has been a party to a domestic relationship that has ended. "property", in relation to either or both of the parties to a domestic relationship, means real or personal property in any form to which either is, or both are, entitled. "termination agreement"--see section 3A. DOMESTIC RELATIONSHIPS ACT 1994 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history Domestic Relationships Act 1994 No 28 notified 31 May 1994 (Gaz 1994 No S93) s 1, s 2 commenced 31 May 1994 (s 2 (1)) remainder commenced 11 July 1994 (s 2 (2) and Gaz 1994 No S149) as amended by Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1 notified 1 December 1997 (Gaz 1997 No S380) s 1, s 2 commenced 1 December 1997 (s 2(1)) sch 1 commenced 1 June 1998 (s 2 (2)) Legislation (Consequential Amendments) Act 2001 No 44 pt 108 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 108 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.13 notified LR 27 March 2003 s 1, s 2 commenced 27 March 2003 (LA s 75 (1)) sch 1 pt 1.13 commenced 28 March 2003 (s 2) Parentage Act 2004 A2004-1 sch 1 pt 1.6 notified LR 18 February 2004s 1, s 2 commenced 18 February 2004 (LA s 75 (1))sch 1 pt 1.6 commenced 22 March 2004 (s 2 and CN2004-3) Justice and Community Safety Legislation Amendment Act 2004 (No 2) A2004-32 pt 10 notified LR 29 June 2004s 1, s 2 commenced 29 June 2004 (LA s 75 (1))pt 10 commenced 13 July 2004 (s 2 (3)) Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.23 notified LR 2 September 2004s 1, s 2 commenced 2 September 2004 (LA s 75 (1)) sch 1 pt 1.23 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29) Justice and Community Safety Legislation Amendment Act 2005 (No 3) A2005-43 sch 1 pt 1.6 notified LR 30 August 2005s 1, s 2 commenced 30 August 2005 (LA s 75 (1))sch 1 pt 1.6 commenced 1 October 2005 (s 2 (3) and CN2005-18) Civil Unions Act 2006 A2006-22 sch 1 pt 1.10 notified LR 19 May 2006s 1, s 2 commenced 19 May 2006 (LA s 75 (1))sch 1 pt 1.10 never commenced Note Act repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.30 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.30 commenced 12 April 2007 (s 2 (1)) Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.9 notified LR 15 May 2008 s 1, s 2 commenced 15 May 2008 (LA s 75 (1)) sch 1 pt 1.9 commenced 19 May 2008 (s 2 and CN2008-8) 4 Amendment history Titletitle am A2006-22 amdt 1.35 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Name of Acts 1 sub A2006-22 amdt 1.36 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2007-3 amdt 3.154 Dictionarys 2 om 2001 No 44 amdt 1.1161 ins A2007-3 amdt 3.159 Notess 2A ins A2007-3 amdt 3.159 Meaning of domestic relationships 3 am A2004-1 amdt 1.20; pars renum R4 LA (see A2004-1 amdt 1.21); A2006-22 amdt 1.39, amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) defs reloc to dict A2007-3 amdt 3.158 om A2007-3 amdt 3.159 ins A2007-3 amdt 3.160 am A2008-14 amdt 1.25 Termination agreementss 3A ins A2007-3 amdt 3.160 Application of Acts 4 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Other relief or remedies not affecteds 5 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Advice about facilitiess 6 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Conciliations 7 am A2007-3 amdt 3.161 Preliminarydiv 3.1 hdg (prev pt 3 div 1 hdg) renum R2 LA Institution of proceedingss 10 am A2004-60 amdts 1.142-1.144 Prerequisite for relief--residence etcs 11 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Prerequisite for relief--length of relationship etcs 12 am A2006-22 amdt 1.40, amdt 1.41 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.26, amdt 1.27 Time limit for making applicationss 13 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Court to end financial relationss 14 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Adjustment of property interestsdiv 3.2 hdg (prev pt 3 div 2 hdg) renum R2 LA Property orderss 15 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Deferment of orders 16 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Maintenancediv 3.3 hdg (prev pt 3 div 3 hdg) renum R2 LA No general right to maintenances 18 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Maintenance orderss 19 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Interim maintenances 20 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Death of party--effect on applications 21 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Periodic maintenance orders--durations 22 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Periodic maintenance orders--cessations 24 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Generaldiv 3.4 hdg (prev pt 3 div 4 hdg) renum R2 LA Court orders etcs 25 pars renum R2 LA Domestic relationship agreements and termination agreementspt 4 hdg am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Meaning of agreement for pt 4s 31 am 1997 No 96 sch 1 sub A2004-32 s 77 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Effect of agreements in proceedings under pt 3s 33 am A2004-32 s 78 (3)-(5) exp 13 July 2004 (s 33 (5)) am A2005-43 amdt 1.13; A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Declarations--existence of domestic relationships 38 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Declarations--interests in propertys 40 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) Regulation-making powers 41 sub 2001 No 44 amdt 1.1162 Regulationss 42 om 2001 No 44 amdt 1.1162 Dictionarydict ins A2007-3 amdt 3.162 am A2008-14 amdt 1.28 def agreement ins A2007-3 amdt 3.162 def child ins A2007-3 amdt 3.162 def commencement day reloc from s 3 A2007-3 amdt 3.158 def court reloc from s 3 A2007-3 amdt 3.158 def domestic relationship sub A2003-14 amdt 1.53 am A2003-14 amdt 1.54 om A2006-22 amdt 1.37 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) sub A2007-3 amdt 3.155 reloc from s 3 A2007-3 amdt 3.158 def domestic relationship agreement om A2006-22 amdt 1.37 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) am A2007-3 amdt 3.156 reloc from s 3 A2007-3 amdt 3.158 def financial matters am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) reloc from s 3 A2007-3 amdt 3.158 def financial resources am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) reloc from s 3 A2007-3 amdt 3.158 def party ins A2007-3 amdt 3.162 def personal relationship ins A2006-22 amdt 1.37 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) def personal relationship agreement ins A2006-22 amdt 1.37 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) def property am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) reloc from s 3 A2007-3 amdt 3.158 def termination agreement am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)) sub A2007-3 amdt 3.157 reloc from s 3 A2007-3 amdt 3.158 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 Act 1997 No 96 17 April 2000 2 Act 2001 No 44 21 February 2002 2 (RI) Act 2001 No 44 ++ 16 October 2002 3 A2003-14 28 March 2003 4 A2004-1 22 March 2004 5 A2004-32 13 July 2004 6 A2004-32 14 July 2004 7 A2004-60 10 January 2005 8 A2005-43 1 October 2005 9 A2007-3 12 April 2007 ++ includes endnote correction (c) Australian Capital Territory 2008 DOMESTIC RELATIONSHIPS ACT 1994 - NOTES Australian Capital Territory A1994-28 Republication No 10 Effective: 19 May 2008 Republication date: 19 May 2008 Last amendment made by A2008-14Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Domestic Relationships Act 1994 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 19 May 2008. It also includes any amendment, repeal or expiry affecting the republished law to 19 May 2008. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Domestic Relationships Act 1994 Endnotes Australian Capital Territory Domestic Relationships Act 1994