DOMESTIC PARTNERS PROPERTY ACT 1996 - SECT 3
DOMESTIC PARTNERS PROPERTY ACT 1996 - SECT 3
(1) In this Act—
"certified domestic partnership agreement"—see subsection (2);
"child" of domestic partners means—
(a) a
child of which the domestic partners are the natural parents; or
(b) a
child of the female partner whose male partner is presumed to be the father of
the child under an Australian law; or
(c) a
child adopted by the partners;
"close personal relationship" means the relationship between 2 adult
persons (whether or not related by family and irrespective of their sex or
gender identity) who live together as a couple on a genuine domestic basis,
but does not include—
(a) the
relationship between a legally married couple; or
(b) a
relationship where 1 of the persons provides the other with domestic support
or personal care (or both) for fee or reward, or on behalf of some other
person or an organisation of whatever kind;
Note—
Two persons may live together as a couple on a genuine domestic basis whether
or not a sexual relationship exists, or has ever existed, between them.
"court" means—
(a) the
Supreme Court; or
(b) the
District Court; or
(c) if
an application relates to property valued at $100 000 or less, the
Magistrates Court;
"domestic partner" means—
(a) a
person in a registered relationship, and includes—
(i)
a person who is about to enter into a
registered relationship; or
(ii)
a person who has been in a registered relationship; or
(b) a
person who lives in a close personal relationship, and includes—
(i)
a person who is about to enter a
close personal relationship; or
(ii)
a person who has lived in a close personal relationship;
"domestic partnership agreement" means an agreement about—
(a) the
division of property on the termination of a domestic partnership; or
(b) any
other matter (financial or otherwise) related to a domestic partnership;
"lawyer" means a person who is admitted as a barrister and solicitor of the
Supreme Court and holds a current practising certificate;
"lawyer's certificate" means a certificate signed by a lawyer, and endorsed on
an agreement, certifying that—
(a) the
lawyer explained the legal implications of the agreement to a party to the
agreement, named in the certificate, in the absence of the other party to the
agreement; and
(b) the
party gave the lawyer apparently credible assurances that the party was not
acting under coercion or undue influence; and
(c) the
party signed the agreement in the lawyer's presence;
"property" of a person includes—
(a) a
prospective entitlement or benefit under a superannuation or retirement
benefit scheme;
(b)
property held under a discretionary trust that could, under the terms of the
trust, be vested in the person or applied for the person's benefit;
(c)
property over which the person has a direct or indirect power of disposition
and which may be used or applied for the person's benefit;
(d) any
other valuable benefit;
"registered relationship" means a relationship that is registered under the
Relationships Register Act 2016 , and includes a corresponding law
registered relationship under that Act.
(2) For the purposes
of this Act, a domestic partnership agreement is a "certified domestic
partnership agreement if—
(a) the
agreement contains a provision (the "warranty of asset disclosure ) under
which each party to the agreement warrants that he or she has disclosed all
relevant assets to the other; and
(b)
—
(i)
the signature of each party to the agreement is attested
by a lawyer's certificate; and
(ii)
each lawyer's certificate is given by a different lawyer.