FAMILY RELATIONSHIPS ACT 1975 - SECT 11B
FAMILY RELATIONSHIPS ACT 1975 - SECT 11B
11B—Declaration as to domestic partners (other than domestic partners in
registered relationship)
(1) Subject to
subsection (3), a person whose rights or obligations depend on whether—
(a) the
person and another person; or
(b) 2
other persons,
were, on a certain date, domestic partners 1 of the other may apply to the
Court for a declaration under this section.
(2) If, on an
application, the Court is satisfied that—
(a) the
persons in relation to whom the declaration is sought were, on the date in
question, domestic partners within the meaning of section 11A; or
(i)
the persons in relation to whom the declaration is sought
were, on the date in question, living together in a close personal
relationship; and
(ii)
the interests of justice require that such a declaration
be made,
the Court must declare that the persons were, on the date in question,
domestic partners 1 of the other.
(2a) This section does
not apply to domestic partners who are in a registered relationship who may
provide evidence that they were, on a certain date, in the registered
relationship by producing a certificate issued by the Registrar of Births,
Deaths and Marriages under section 21 of the
Relationships Register Act 2016 .
(3) When considering
whether to make a declaration under this section, the Court must take into
account all of the circumstances of the relationship between the persons in
relation to whom the declaration is sought, including any 1 or more of the
following matters as may be relevant in a particular case:
(a) the
duration of the relationship;
(b) the
nature and extent of common residence;
(c) the
degree of financial dependence and interdependence, or arrangements for
financial support;
(d) the
ownership, use and acquisition of property;
(e) the
degree of mutual commitment to a shared life;
(f) any
domestic partnership agreement made under the Domestic Partners Property
Act 1996 ;
(fa) any
Part VIIIAB financial agreement made under the Family Law Act 1975
of the Commonwealth;
(g) the
care and support of children;
(h) the
performance of household duties;
(i)
the reputation and public aspects of the relationship.
(4) A declaration may
be made—
(a)
whether or not 1 or both of the persons in relation to whom the declaration is
sought are, or ever have been, domiciled in this State; or
(b)
despite the fact that 1 or both of them are dead.
(5) It must not be
inferred from the fact that the Court has declared that 2 persons were
domestic partners 1 of the other, on a certain date, that they were
domestic partners as at any prior or subsequent date.
(6) For the purpose of
determining whether a person was, on a certain date, the domestic partner of
another, circumstances occurring before or after the commencement of this Part
may be taken into account.