Australian Capital Territory Consolidated Acts

DOMESTIC RELATIONSHIPS ACT 1994 - NOTES

(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:

              •     ACT

              •     civil partnership

              •     Executive

              •     lawyer

              •     Magistrates Court

              •     person

              •     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.

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 2004
s 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 2004
s 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 2004
s 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 2005
s 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 2006
s 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

Title
title     am A2006-22 amdt 1.35 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

Name of Act
s 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

Dictionary
s 2     om 2001 No 44 amdt 1.1161
    ins A2007-3 amdt 3.159

Notes
s 2A     ins A2007-3 amdt 3.159

Meaning of domestic relationship
s 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 agreements
s 3A     ins A2007-3 amdt 3.160

Application of Act
s 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 affected
s 5     am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

Advice about facilities
s 6     am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

Conciliation
s 7     am A2007-3 amdt 3.161

Preliminary
div 3.1 hdg     (prev pt 3 div 1 hdg) renum R2 LA

Institution of proceedings
s 10     am A2004-60 amdts 1.142-1.144

Prerequisite for relief—residence etc
s 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 etc
s 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 applications
s 13     am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

Court to end financial relations
s 14     am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

Adjustment of property interests
div 3.2 hdg     (prev pt 3 div 2 hdg) renum R2 LA

Property orders
s 15     am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

Deferment of order
s 16     am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

Maintenance
div 3.3 hdg     (prev pt 3 div 3 hdg) renum R2 LA

No general right to maintenance
s 18     am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

Maintenance orders
s 19     am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

Interim maintenance
s 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 application
s 21     am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

Periodic maintenance orders—duration
s 22     am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

Periodic maintenance orders—cessation
s 24     am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

General
div 3.4 hdg     (prev pt 3 div 4 hdg) renum R2 LA

Court orders etc
s 25     pars renum R2 LA

Domestic relationship agreements and termination agreements
pt 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 4
s 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 3
s 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 relationship
s 38     am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

Declarations—interests in property
s 40     am A2006-22 amdt 1.42 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))

Regulation-making power
s 41     sub 2001 No 44 amdt 1.1162

Regulations
s 42     om 2001 No 44 amdt 1.1162

Dictionary
dict     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

© Australian Capital Territory 2008

Australian Capital Territory

A1994-28

Republication No 10

Effective: 19 May 2008

Republication date: 19 May 2008

Last amendment made by A2008-14






Unauthorised 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.

              • authorised republications to which the Legislation Act 2001 applies

              • 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