STATUTES AMENDMENT (DOMESTIC PARTNERS) ACT 2006 (NO 43 OF 2006) - SECT 5
STATUTES AMENDMENT (DOMESTIC PARTNERS) ACT 2006 (NO 43 OF 2006) - SECT 5
Part 3—delete Part 3 and substitute:
Part 3—Domestic partners
11—Interpretation
In this Part—
"close personal relationship" means the relationship between 2 adult
persons (whether or not related by family and irrespective of their gender)
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.
11A—Domestic partners
A person is, on a certain date, the "domestic partner" of another person if he
or she is, on that date, living with that person in a close personal
relationship and—
(a) he
or she—
(i)
has so lived with that other person continuously for the
period of 3 years immediately preceding that date; or
(ii)
has during the period of 4 years immediately preceding
that date so lived with that other person for periods aggregating not less
than 3 years; or
(b) a
child, of whom he or she and the other person are the parents, has been born
(whether or not the child is still living at that date).
11B—Declaration as to domestic partners
(1) A person whose
rights or obligations depend on whether—
(a) he
or she 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
(b) in
any other case—
(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.
(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 ;
(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.