DE FACTO RELATIONSHIPS ACT 1991

DE FACTO RELATIONSHIPS ACT 1991

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY MATTERS

   1.      Short title  
   2.      Commencement  
   3.      Definitions  
   3A.     De facto relationships  

   PART 2--POWER OF COURTS TO DECLARE EXISTENCE OF RELATIONSHIPS, TO DECLARE AND ADJUST INTERESTS IN PROPERTY, AND MAKE MAINTENANCE ORDERS

           Division 1--Jurisdiction

   4.      Supreme Court and Local Court to have jurisdiction  
   5.      Limitation on jurisdiction of Local Court  
   6.      Transfer from Local Court of proceedings exceeding jurisdictional limit  
   7.      General power of transfer between courts  
   8.      Stay or dismissal where proceedings instituted in 2 courts  
   9.      Courts to act in aid of each other  

           Division 2--Declarations

   10.     Declaration as to existence of de facto relationship  
   11.     Annulment of declaration in light of new facts  
   12.     Declaration of interests in property  

           Division 3--Orders for adjustment of interests in property

   13.     Application for order for adjustment  
   14.     Time limit for making application  
   15.     Conditions for making of order include living within Territory  
   16.     Conditions for making of order include length of relationship  
   17.     Relevant facts and circumstances  
   18.     The order for adjustment  

           Division 4--Special provisions with respect to applications and orders under Division 3

   19.     Adjournment of application – likelihood of significant change in circumstances  
   20.     Adjournment of application – proceedings in Family Court  
   21.     Deferment of operation of order  
   22.     Effect of death of party on application  
   23.     Effect of death of party on order  

           Division 5--Maintenance

   24.     No general right of de facto partner to maintenance  
   25.     Time limit for applying for order and conditions for making it  
   26.     Order for maintenance  
   27.     Interim maintenance  
   28.     Effect of subsequent marriage or de facto relationship  
   29.     Application cannot continue after death of party  
   30.     Cessation of order – generally  
   31.     Cessation of order – child care responsibilities  
   32.     Duration of orders for periodic maintenance  
   33.     Discharge, suspension, revival or variation of periodic maintenance orders  
   34.     Extension of order for periodic maintenance  
   35.     Recovery of arrears  

           Division 6--Supplementary

   36.     Duty of court to end financial relationship  
   37.     General powers of court for purposes of Part 2  
   38.     Execution of instruments by order of court  
   39.     Orders and injunctions in the absence of a party  
   40.     Variation and setting aside of orders in special cases  
   41.     Transactions to defeat claims  
   42.     Interests of other persons  
   43.     Enforcement of orders and injunctions  

   PART 3--COHABITATION AGREEMENTS AND SEPARATION AGREEMENTS

   44.     Validity of agreements  
   45.     Effect of agreements in proceedings for adjustment of property rights or maintenance orders  
   46.     Variation and setting aside of agreements  
   47.     Disregarding of spent agreements in proceedings to adjust property rights or for maintenance orders  
   48.     Death of partner – effect on periodic maintenance under agreements  
   49.     Death of partner – effect on lump sum payments etc. under agreements  

   PART 4--MISCELLANEOUS MATTERS

   50.     Exemption of certain instruments from stamp duty  
   52.     Saving for other rights of de facto partners  
   53.     Regulations  
           ENDNOTES