DOMESTIC RELATIONSHIPS ACT 1994 (NO. 28 OF 1994) - SECT 12 Prerequisite for relief—length of relationship etc.

DOMESTIC RELATIONSHIPS ACT 1994 (NO. 28 OF 1994) - SECT 12

12. (1) Subject to subsection (2), a court shall not make an order under this Part unless it is satisfied that a domestic relationship has existed between the applicant and the respondent for not less than 2 years.

(2) Where 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 paragraph 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.