Victorian Consolidated Legislation

Relationships Act 2008 - SECT 35

PART 3.2 RELATIONSHIP AGREEMENTS

Definitions

35. Definitions



(1) In this Part-

domestic partner of a person means-

   (a)  a person with whom the person is or has been in a domestic
        relationship; or

   (b)  a person with whom the person is contemplating entering into a
        domestic relationship; domestic relationship means-

   (a)  a registered relationship; or

   (b)  a relationship between two persons who are not married to each other
        but who are living together as a couple on a genuine domestic basis
        (irrespective of gender); or

   (c)  the relationship between two adult persons who are not married to each
        other but are a couple where one or each of the persons in the
        relationship provides personal or financial commitment and support of
        a domestic nature for the material benefit of the other, irrespective
        of their genders and whether or not they are living under the same
        roof, but does not include a relationship in which a person provides
        domestic support and personal care to the other person-

   (i)  for fee or reward; or

   (ii) on behalf of another person or an organisation (including a government
        or government agency, a body corporate or a charitable or benevolent
        organisation); financial matters means matters relating to any one or
        more of the following-

   (a)  the maintenance of one or both of the domestic partners;

   (b)  the income or property of one or both of the domestic partners;

   (c)  the financial resources of one or both of the domestic partners;
        financial resources includes-

   (a)  a prospective claim or entitlement in respect of a scheme, fund or
        arrangement under which superannuation, retirement or similar benefits
        are provided; and

   (b)  property that, under a discretionary trust, may become used for the
        purposes of or vested in one or both of the domestic partners; and

   (c)  property, the alienation or disposition of which is wholly or partly
        under the control of one or both of the domestic partners and that is
        lawfully capable of being used for the purposes of one or both of the
        domestic partners; and

   (d)  an indexed pension; and

   (e)  any other valuable benefit;



property includes-

   (a)  real and personal property; and

   (b)  any estate or interest in real or personal property; and

   (c)  money and any debt; and

   (d)  any cause of action for damages (including damages for personal
        injury); and

   (e)  any other thing in action; and

   (f)  any right with respect to property; relationship agreement means an
        agreement, or a variation of an agreement, between two persons,
        whether or not there are other parties to the agreement-

   (a)  that is made before, on or after the commencement of this Act-

   (i)  in contemplation of their entering into a domestic relationship; or

   (ii) during the existence of their domestic relationship; or

   (iii) in contemplation of the termination of their domestic relationship;
        or

   (iv) after the termination of their domestic relationship; and

   (b)  that provides for financial matters, whether or not it provides for
        other matters.

(2) In determining whether a domestic relationship (other than a registered
relationship) exists or has existed, all the circumstances of the relationship
are to be taken into account, including any one or more of the following
matters as may be relevant in a particular case-

   (a)  the degree of mutual commitment to a shared life;

   (b)  the duration of the relationship;

   (c)  the nature and extent of common residence;

   (d)  whether or not a sexual relationship exists;

   (e)  the degree of financial dependence or interdependence, and any
        arrangements for financial support, between the parties;

   (f)  the ownership, use and acquisition of property;

   (g)  the care and support of children;

   (h)  the reputation and public aspects of the relationship.

(3) For the purposes of this Part, a person is not a domestic partner of
another person only because they are co-tenants.