Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 18

18 Meaning of couple relationship

(1) A
"couple relationship" exists between 2 persons if the persons have or had a relationship as a couple.

(2) In deciding whether a couple relationship exists, a court may have regard to the following—

(a) the circumstances of the relationship between the persons, including, for example—

(i) the degree of trust between the persons; and

(ii) the level of each person’s dependence on, and commitment to, the other person;

(b) the length of time for which the relationship has existed or did exist;

(c) the frequency of contact between the persons;

(d) the degree of intimacy between the persons.

(3) Without limiting subsection (2) , the court may consider the following factors in deciding whether a couple relationship exists—

(a) whether the trust, dependence or commitment is or was of the same level;

(b) whether 1 of the persons is or was financially dependent on the other;

(c) whether the persons jointly own or owned any property;

(d) whether the persons have or had joint bank accounts;

(e) whether the relationship involves or involved a relationship of a sexual nature;

(f) whether the relationship is or was exclusive.

(4) A couple relationship may exist even if the court makes a negative finding in relation to any or all of the factors mentioned in subsection (3) .

(5) A couple relationship may exist between 2 persons whether the persons are of the same or a different gender.

(6) A couple relationship does not exist merely because 2 persons date or dated each other on a number of occasions.