Domestic Relationships
A domestic relationship is considered to be a relationship between two people who are not married and have lived together as a couple on a genuine domestic basis.
Since the 1st March 2009 separating domestic couples have been able to obtain property settlements and apply for maintenance under the Family Law Act in the same way as for married couples. The same laws apply for same sex relationships. As such the court can make Orders on the division of property, superannuation splitting and maintenance payments. To make these Orders the Court must be satisfied of one of the following:
- The period of the domestic relationship (or total periods) is at least two years;
- There is a child of the relationship;
- One of the partners has made a substantial financial or non-financial contribution to the property or as homemaker or parent and serious injustice to that partner would result if the Order was not made;
- The domestic relationship has been registered in the state or territory with laws for the registration of relationships.
For a domestic property settlement the Court firstly looks at whether it considers there was a domestic relationship for the purposes of the law and will take into consideration the following factors:
- The length of the relationship;
- The extent and arrangement by which the parties lived together;
- Whether there was a sexual relationship;
- The financial dependence or interdependence of the parties;
- The Acquisition, ownership and use of the property;
- The degree of commitment by the parties to a shared life;
- The case and support of children;
- The performance of household duties;
- How friends, family and the community viewed the relationship.
Domestic Property
Parties to a domestic relationship have two years from the date the relationship ended to make a claim for a division of property. The court will take into account the same factors for a division of property in a domestic relationship as in a marriage (please see our Division of Property section), the exception to this is that the Court will not look at the future needs of the parties to the domestic relationship as it would in the case of a marriage.
Children's matters in a domestic relationship
The same principles apply for children's matters in a domestic relationship as in a marriage. Please see the Family Law - Children section for more information.