Australian Capital Territory Consolidated Acts

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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.



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