South Australian Current Acts

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

            (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.

        (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.