{"id":"de-facto-relationships-act-1991","name":"De Facto Relationships Act 1991","slug":"de-facto-relationships-act-1991","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30015,"registerId":"nt-de-facto-relationships-act-1991-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"De Facto Relationships Act 1991","content":"NORTHERN TERRITORY OF AUSTRALIA\nDE FACTO RELATIONSHIPS ACT 1991\nAs in force at 20 December 2022\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n3A De facto relationships ...................................................................... 3\nPart 2 Power of Courts to declare existence of\nrelationships, to declare and adjust\ninterests in property, and make\nmaintenance orders\nDivision 1 Jurisdiction\n4 Supreme Court and Local Court to have jurisdiction ....................... 4\n5 Limitation on jurisdiction of Local Court ........................................... 4\n6 Transfer from Local Court of proceedings exceeding\njurisdictional limit ............................................................................. 5\n7 General power of transfer between courts ....................................... 5\n8 Stay or dismissal where proceedings instituted in 2 courts ............. 6\n9 Courts to act in aid of each other ..................................................... 6\nDivision 2 Declarations\n10 Declaration as to existence of de facto relationship......................... 6\n11 Annulment of declaration in light of new facts.................................. 7\n12 Declaration of interests in property .................................................. 8\nDivision 3 Orders for adjustment of interests in property\n13 Application for order for adjustment ................................................. 8\n14 Time limit for making application ..................................................... 8\n15 Conditions for making of order include living within Territory ........... 8\n16 Conditions for making of order include length of relationship .......... 9\n17 Relevant facts and circumstances ................................................... 9\n18 The order for adjustment ............................................................... 10\n\nDe Facto Relationships Act 1991 ii\nDivision 4 Special provisions with respect to\napplications and orders under Division 3\n19 Adjournment of application – likelihood of significant change in\ncircumstances................................................................................ 10\n20 Adjournment of application – proceedings in Family Court ............ 11\n21 Deferment of operation of order..................................................... 12\n22 Effect of death of party on application ........................................... 12\n23 Effect of death of party on order .................................................... 12\nDivision 5 Maintenance\n24 No general right of de facto partner to maintenance...................... 12\n25 Time limit for applying for order and conditions for making it ......... 13\n26 Order for maintenance ................................................................... 13\n27 Interim maintenance ...................................................................... 14\n28 Effect of subsequent marriage or de facto relationship.................. 14\n29 Application cannot continue after death of party ............................ 15\n30 Cessation of order – generally ....................................................... 15\n31 Cessation of order – child care responsibilities.............................. 15\n32 Duration of orders for periodic maintenance .................................. 15\n33 Discharge, suspension, revival or variation of periodic\nmaintenance orders ....................................................................... 16\n34 Extension of order for periodic maintenance ................................. 17\n35 Recovery of arrears ....................................................................... 18\nDivision 6 Supplementary\n36 Duty of court to end financial relationship ...................................... 18\n37 General powers of court for purposes of Part 2 ............................. 18\n38 Execution of instruments by order of court .................................... 19\n39 Orders and injunctions in the absence of a party........................... 19\n40 Variation and setting aside of orders in special cases ................... 20\n41 Transactions to defeat claims ........................................................ 20\n42 Interests of other persons .............................................................. 21\n43 Enforcement of orders and injunctions .......................................... 22\nPart 3 Cohabitation agreements and separation\nagreements\n44 Validity of agreements ................................................................... 22\n45 Effect of agreements in proceedings for adjustment of property\nrights or maintenance orders ......................................................... 22\n46 Variation and setting aside of agreements .................................... 23\n47 Disregarding of spent agreements in proceedings to adjust\nproperty rights or for maintenance orders ...................................... 23\n48 Death of partner – effect on periodic maintenance under\nagreements .................................................................................... 24\n\nDe Facto Relationships Act 1991 iii\n49 Death of partner – effect on lump sum payments etc. under\nagreements .................................................................................... 24\nPart 4 Miscellaneous matters\n50 Exemption of certain instruments from stamp duty ........................ 24\n52 Saving for other rights of de facto partners .................................... 24\n53 Regulations.................................................................................... 24\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 20 December 2022\n____________________\nDE FACTO RELATIONSHIPS ACT 1991\nAn Act to make provision with respect to the property rights of de facto\npartners, to validate certain agreements relating to de facto\nrelationships and make provision with respect to their effects, and for\nrelated purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the De Facto Relationships Act 1991.\n2 Commencement\nThis Act shall come into operation on 1 October 1991.\n3 Definitions\n(1) In this Act:\napplicant includes a cross-applicant.\nchild, in relation to de facto partners, means any of the following:\n(a) a child born as a result of sexual relations between the\npartners;\n(b) if one of the partners is a woman – a child of the woman if her\nde facto partner is taken to be a parent of the child under\nsection 5D or 5DA of the Status of Children Act 1978;\n(ba) a child whose parentage is transferred to both de facto\npartners under a parentage order made under the Surrogacy\nAct 2022;\n(c) a child adopted by the partners.\n\nPart 1 Preliminary matters\nDe Facto Relationships Act 1991 2\ncohabitation agreement means an agreement (whenever entered\ninto) between 2 adults, whether or not there are other parties to the\nagreement, which:\n(a) is made:\n(i) in contemplation of their entering into a de facto\nrelationship; or\n(ii) during the existence of a de facto relationship between\nthem; and\n(b) makes provision with respect to financial matters (whether or\nnot it also makes provision with respect to other matters).\nde facto partner, of a person, means a person who is in a de facto\nrelationship with the person.\nde facto relationship, see section 3A.\nfinancial matters, in relation to de facto partners, means matters\nwith respect to any one or more of the following:\n(a) the maintenance of either or both of the partners;\n(b) the property of either or both of those partners;\n(c) the financial resources of either or both of those partners.\nfinancial resources, in relation to de facto partners or either of\nthem, includes:\n(a) a prospective claim or entitlement in respect of a scheme,\nfund or arrangement under which superannuation, retirement\nor similar benefits are provided; and\n(b) property which, pursuant to the provisions of a discretionary\ntrust, may become vested in or used or applied in or towards\nthe purposes of the de facto partners or either of them; and\n(c) property, the alienation or disposition of which is wholly or\npartly under the control of the de facto partners or either of\nthem and which is lawfully capable of being used or applied by\nor on behalf of the de facto partners or either of them in or\ntowards their or his or her own purposes; and\n(d) any other valuable benefit.\nmarried means validly married under the Marriage Act 1961 (Cth).\n\nPart 1 Preliminary matters\nDe Facto Relationships Act 1991 3\nperiodic maintenance means maintenance payable by means of a\nweekly, fortnightly, monthly, yearly or other periodic amount.\nproperty, in relation to de facto partners or either of them, includes:\n(a) real and personal property and any estate or interest (whether\npresent, future or contingent) in real or personal property; and\n(b) money; and\n(c) any debt or cause of action for damages; and\n(d) any other chose in action or right with respect to property.\nseparation agreement means an agreement (whenever entered\ninto) between 2 adults, whether or not there are other parties to the\nagreement, which:\n(a) is made in contemplation of terminating a de facto relationship\nbetween them or after terminating it; and\n(b) makes provision with respect to financial matters (whether or\nnot it also makes provision with respect to other matters).\n(2) In this Act:\n(a) a reference to a de facto partner of an Aboriginal or Torres\nStrait Islander includes a reference to an Aboriginal or Torres\nStrait Islander to whom the person is married according to the\ncustoms and traditions of the particular community of\nAboriginals or Torres Strait Islanders with which either person\nidentifies; and\n(b) a reference to a de facto relationship includes a reference to\nthe relationship between 2 persons who are de facto partners\nbecause of paragraph (a).\n3A De facto relationships\n(1) For this Act, 2 persons are in a de facto relationship if they are not\nmarried but have a marriage-like relationship.\n(2) To determine whether 2 persons are in a de facto relationship, all\nthe circumstances of their relationship must be taken into account,\nincluding such of the following matters as are relevant in the\ncircumstances of the particular case:\n(a) the duration of the relationship;\n(b) the nature and extent of common residence;\n\nPart 2 Power of Courts to declare existence of relationships, to declare and adjust\ninterests in property, and make maintenance orders\nDivision 1 Jurisdiction\nDe Facto Relationships Act 1991 4\n(c) whether or not a sexual relationship exists;\n(d) the degree of financial dependence or interdependence, and\nany arrangements for financial support, between them;\n(e) the ownership, use and acquisition of property;\n(f) the degree of mutual commitment to a shared life;\n(g) the care and support of children;\n(h) the performance of household duties;\n(i) the reputation and public aspects of their relationship.\n(3) For subsection (2), the following matters are irrelevant:\n(a) the persons are different sexes or the same sex;\n(b) either of the persons is married to another person;\n(c) either of the persons is in another de facto relationship.\nPart 2 Power of Courts to declare existence of\nrelationships, to declare and adjust interests in\nproperty, and make maintenance orders\nDivision 1 Jurisdiction\n4 Supreme Court and Local Court to have jurisdiction\nJurisdiction to make orders and declarations and grant other relief\nunder this Part is vested in:\n(a) the Supreme Court; and\n(b) subject to section 5, the Local Court.\n5 Limitation on jurisdiction of Local Court\n(1) Subject to subsection (2), the Local Court does not have jurisdiction\nunder this Part to declare any title or right in respect of, or adjust\nany interest in, property of a value or amount which exceeds the\njurisdictional limit as defined in section 3 of the Local Court\nAct 2015.\n\nPart 2 Power of Courts to declare existence of relationships, to declare and adjust\ninterests in property, and make maintenance orders\nDivision 1 Jurisdiction\nDe Facto Relationships Act 1991 5\n(2) Subsection (1) does not prevent the making of a declaration or\nadjustment in any proceedings to the hearing and determination of\nwhich by the Local Court the parties have consented in writing.\n6 Transfer from Local Court of proceedings exceeding\njurisdictional limit\n(1) Where proceedings are instituted in the Local Court with respect to\nan interest in property the value or amount of which exceeds the\njurisdictional limit as defined in section 3 of the Local Court\nAct 2015, the Local Court must transfer the proceedings to the\nSupreme Court unless the parties consent in writing to their being\nheard and determined by the Local Court.\n(2) The Local Court may of its own motion transfer to the Supreme\nCourt proceedings to which subsection (1) applies, even if the\nparties are willing that the proceedings be heard and determined by\nthe Local Court.\n(3) Before transferring any proceedings under this section, the Local\nCourt may make such orders as it considers necessary pending the\ndisposal of the proceedings by the Supreme Court.\n(4) Where proceedings are transferred under this section, the Supreme\nCourt must, subject to the rules of court, proceed as if the\nproceedings had been originally instituted in that Court.\n(5) Without prejudice to its duty to comply with subsection (1), failure\nby the Local Court to do so does not invalidate any order of that\nCourt in the proceedings.\n7 General power of transfer between courts\n(1) Where it appears to a court in which proceedings under this Part\nhave been instituted that it is in the interests of justice that the\nproceedings be dealt with by another court having jurisdiction under\nthis Part, the court may transfer the proceedings to that other court.\n(2) A court proposing to transfer any proceedings under subsection (1)\nmay make such orders as it considers necessary pending the\ndisposal of the proceedings by the court to which they are to be\ntransferred.\n(3) The court to which any proceedings are transferred under\nsubsection (1) must, subject to any rule of court, proceed as if the\nproceedings had been originally instituted in that court.\n\nPart 2 Power of Courts to declare existence of relationships, to declare and adjust\ninterests in property, and make maintenance orders\nDivision 2 Declarations\nDe Facto Relationships Act 1991 6\n8 Stay or dismissal where proceedings instituted in 2 courts\nWhere it appears to a court (the court) in which proceedings under\nthis Part have been instituted by or in relation to a person that\nproceedings by or in relation to the same person have also been\ninstituted under this Part in another court, the court may:\n(a) stay the proceedings for such time as it thinks fit; or\n(b) dismiss the proceedings.\n9 Courts to act in aid of each other\nThe courts having jurisdiction under this Part must act in aid of, and\nbe auxiliary to, each other in all matters under this Part.\nDivision 2 Declarations\n10 Declaration as to existence of de facto relationship\n(1) A person:\n(a) who alleges that a de facto relationship exists or has existed\nbetween himself or herself and another named person; or\n(b) whose pecuniary interests, or whose rights or obligations at\nlaw or in equity, are affected according to whether a de facto\nrelationship exists or has existed between 2 other persons;\nmay apply to a court for a declaration as to the existence of such a\nde facto relationship.\n(2) If any person whose interests would, in the opinion of the court, be\naffected by such a declaration is not present or represented, and\nhas not been given the opportunity to be present or represented, at\nthe hearing of the application, the court may, if it thinks that that\nperson ought to be present or represented at the hearing, adjourn\nthe hearing to enable that person to be given that opportunity.\n(3) If the court is satisfied that a de facto relationship exists or has\nexisted or does not exist or did not at a particular time or during a\nparticular period exist (whether or not it previously or subsequently\nexisted), it may make a declaration (which has effect as a judgment\nof the court) that persons named in the declaration have or have\nhad a de facto relationship or are not in, or were not at a particular\ntime or during a particular period in, a de facto relationship.\n\nPart 2 Power of Courts to declare existence of relationships, to declare and adjust\ninterests in property, and make maintenance orders\nDivision 2 Declarations\nDe Facto Relationships Act 1991 7\n(4) The court must state in its declaration that the de facto relationship\nexisted or did not exist:\n(a) at a date specified in the declaration; or\n(b) between dates specified in the declaration;\nor both.\n(5) A declaration may be made whether or not the person or either of\nthe persons named by the applicant as a partner or partners to a de\nfacto relationship is alive.\n(6) While a declaration remains in force, the persons named in the\ndeclaration are to be presumed conclusively for all purposes to\nhave had (or, if appropriate, not to have had) a de facto relationship\nat the date specified in the declaration, or between the dates so\nspecified, or both at that date and between those dates as the case\nmay require.\n11 Annulment of declaration in light of new facts\n(1) A court may make an order annulling a declaration under\nsection 10:\n(a) on the application of a person who applied for the declaration,\nor could have applied for it, or is affected by it; and\n(b) if satisfied that new facts or circumstances have arisen which\nhave not previously been disclosed to the court, and could not\nby the exercise of reasonable diligence have been so\ndisclosed.\n(2) If any person whose interests would, in the opinion of the court, be\naffected by the making of such an order is not present or\nrepresented, and has not been given the opportunity to be present\nor represented, at the hearing of the application, the court may, if it\nthinks that that person ought to be present or represented at the\nhearing, adjourn the hearing to enable that person to be given that\nopportunity.\n(3) A declaration ceases to have effect on the making of an order of\nannulment, but the annulment does not affect anything done in\nreliance on the declaration before the making of the order.\n(4) Where a court makes an order annulling a declaration, it may if it\nthinks it would be just and equitable to do so make such ancillary\norders (including orders varying rights with respect to property) as\nmay be necessary to place any person affected by the annulment in\n\nPart 2 Power of Courts to declare existence of relationships, to declare and adjust\ninterests in property, and make maintenance orders\nDivision 3 Orders for adjustment of interests in property\nDe Facto Relationships Act 1991 8\nthe same position (as far as practicable) as that person would have\nbeen in if the declaration had not been made.\n12 Declaration of interests in property\n(1) In any proceedings between de facto partners with respect to\nexisting title or rights in respect of property, a court may declare the\ntitle or rights, if any, that a de facto partner has in respect of the\nproperty.\n(2) A court may make orders to give effect to a declaration under\nsubsection (1), including orders as to possession.\n(3) An order under this section is binding on the de facto partners, but\nnot on any other person.\nDivision 3 Orders for adjustment of interests in property\n13 Application for order for adjustment\n(1) A de facto partner may apply to a court for an order under this\nDivision for the adjustment of interests with respect to the property\nof the de facto partners or either of them.\n(2) An application may be made under subsection (1) whether or not\nan application for any other remedy or relief has been made, or\nmay be made, under this Act or any other Act or law.\n14 Time limit for making application\n(1) Subject to subsection (2), where de facto partners have ended their\nde facto relationship, an application under section 13(1) must be\nmade before the expiry of a period of 2 years beginning with the\nday after that on which the relationship ended.\n(2) A court may grant leave to a de facto partner to make an\napplication under section 13(1) at any time after the period allowed\nby subsection (1) if the court is satisfied that greater hardship would\nbe caused to that partner by refusing leave than would be caused\nto the other partner by granting it.\n15 Conditions for making of order include living within Territory\nA court must not make an order under this Division unless it is\nsatisfied:\n(a) that one or both of the de facto partners lived in the Territory\non the day on which the application for the order was made;\nand\n\nPart 2 Power of Courts to declare existence of relationships, to declare and adjust\ninterests in property, and make maintenance orders\nDivision 3 Orders for adjustment of interests in property\nDe Facto Relationships Act 1991 9\n(b) that:\n(i) both partners have lived together in the Territory for not\nless than one third of the period of their de facto\nrelationship; or\n(ii) substantial contributions of the kind mentioned in\nsection 18(1)(a) or (b) have been made in the Territory\nby the applicant.\n16 Conditions for making of order include length of relationship\n(1) Except as provided by subsection (2), a court must not make an\norder under this Division unless it is satisfied that the de facto\npartners have lived together in a de facto relationship for a period of\nnot less than 2 years.\n(2) Where the court is not satisfied that the partners have lived together\nas mentioned in subsection (1), it may nevertheless make an order\nunder this Division if satisfied:\n(a) that there is a child of the de facto partners; or\n(b) that the partner who applied for the order:\n(i) has made substantial contributions of the kind\nmentioned in section 18(1)(a) or (b) for which that\npartner would otherwise not be adequately compensated\nif the order were not made; or\n(ii) has the care and control of a child of the other partner;\nand that failure to make the order would result in serious\ninjustice to the partner who applied for the order.\n17 Relevant facts and circumstances\nThe facts and circumstances that a court may take into account in\ndeciding whether or not to make an order under this Division\ninclude facts and circumstances that arose or occurred before the\ncommencement of this Act or outside the Territory.\n\nPart 2 Power of Courts to declare existence of relationships, to declare and adjust\ninterests in property, and make maintenance orders\nDivision 4 Special provisions with respect to applications and orders under Division 3\nDe Facto Relationships Act 1991 10\n18 The order for adjustment\n(1) The order which a court may make under this Division with respect\nto the property of de facto partners or either of them is such order\nadjusting the interests of the partners in the property as the court\nconsiders just and equitable having regard to:\n(a) the financial and non-financial contributions made directly or\nindirectly by or on behalf of the partners to the acquisition,\nconservation or improvement of any of the property or to the\nfinancial resources of the partners or either of them; and\n(b) the contributions (including any made in the capacity of\nhomemaker or parent) made by either of the partners to the\nwelfare of the other partner, or to the welfare of the family\nconstituted by the partners and one or more of the following:\n(i) a child of the partners;\n(ii) a child accepted by the partners or either of them into\nthe household of the partners, whether or not the child is\na child of either of the partners;\n(iii) any person dependent on the partners who has been\naccepted by the partners or either of them into the\nhousehold of the partners.\n(2) A court may make an order in respect of property whether or not it\nhas declared the title or rights of a de facto partner in respect of the\nproperty.\nDivision 4 Special provisions with respect to applications\nand orders under Division 3\n19 Adjournment of application – likelihood of significant change\nin circumstances\n(1) A court may adjourn an application for an order under Division 3 to\nadjust interests with respect to the property of de facto partners or\neither of them if the court is of the opinion:\n(a) that there is likely to be a significant change in the financial\ncircumstances of one or both of the partners, and that it is\nreasonable to adjourn the proceedings having regard to the\ntime when that change is likely to take place; and\n\nPart 2 Power of Courts to declare existence of relationships, to declare and adjust\ninterests in property, and make maintenance orders\nDivision 4 Special provisions with respect to applications and orders under Division 3\nDe Facto Relationships Act 1991 11\n(b) that an order that the court could make with respect to the\nproperty if that significant change in financial circumstances\noccurs is more likely to do justice between the partners than\nan order that the court could make immediately.\n(2) The court may adjourn an application:\n(a) at the request of either partner; and\n(b) until such time, before the end of a period specified by the\ncourt, as the partner requesting the adjournment applies for\nthe application to be determined.\n(3) Before a court adjourns an application it may make any order that it\nconsiders appropriate with respect to the property.\n(4) In forming an opinion as to whether there is likely to be a significant\nchange in the financial circumstances of one or both of the de facto\npartners, a court may have regard to any change in the financial\ncircumstances of a partner that may occur because of a financial\nresource of one or both of the partners becoming vested in or used\nfor the purposes of one or both of the partners.\n(5) Nothing in this section:\n(a) limits the powers of the court to grant an adjournment in\nrelation to any proceedings before it; or\n(b) requires the court to adjourn an application in any particular\ncircumstances; or\n(c) limits the circumstances in which the court may form the\nopinion that there is likely to be a significant change in the\nfinancial circumstances of one or both of the partners.\n20 Adjournment of application – proceedings in Family Court\n(1) If proceedings in relation to the property of de facto partners or\neither of them are commenced in the Family Court of Australia at\nany time before a court has made a final order under Division 3 to\nadjust interests with respect to the property of the partners or either\nof them, the court may adjourn its hearing of the application for the\norder.\n(2) Where the hearing of the application has been adjourned, either the\napplicant for the order or the respondent to the application may\napply to the court for the hearing to proceed if the proceedings in\nthe Family Court are delayed.\n\nPart 2 Power of Courts to declare existence of relationships, to declare and adjust\ninterests in property, and make maintenance orders\nDivision 5 Maintenance\nDe Facto Relationships Act 1991 12\n(3) Nothing in this section limits the power of the court to grant or\nrefuse an adjournment in relation to any proceedings before it.\n21 Deferment of operation of order\nWhere a court is of the opinion that a de facto partner is likely,\nwithin a short period, to become entitled to property which may be\napplied in satisfaction of an order under Division 3, the court may\ndefer the operation of the order until such date, or the occurrence of\nsuch event, as is specified in the order.\n22 Effect of death of party on application\n(1) If either party to an application for an order under Division 3 dies\nbefore the application is determined, the application may be\ncontinued by or against the legal personal representative of the\ndeceased party.\n(2) A court may make an order on an application continued by virtue of\nsubsection (1) if it is of the opinion that:\n(a) it would have adjusted interests in respect of property if the\ndeceased party had not died; and\n(b) despite the death of the deceased party, it is still appropriate\nto adjust those interests.\n(3) An order made by virtue of subsection (2) may be enforced on\nbehalf of, or against the estate of, the deceased party.\n(4) The rules of a court may provide for the substitution of the legal\npersonal representative as a party to the application.\n23 Effect of death of party on order\nIf a party to an application for an order under Division 3 dies after\nan order is made against the party, the order may be enforced\nagainst the estate of the deceased party.\nDivision 5 Maintenance\n24 No general right of de facto partner to maintenance\n(1) A de facto partner is liable to maintain the other de facto partner\nand a de facto partner is entitled to claim maintenance from the\nother de facto partner only as provided by this Division.\n\nPart 2 Power of Courts to declare existence of relationships, to declare and adjust\ninterests in property, and make maintenance orders\nDivision 5 Maintenance\nDe Facto Relationships Act 1991 13\n(2) A de facto partner may apply to a court for an order under this\nDivision for maintenance whether or not an application for any other\nremedy or relief has been made, or may be made, under this or any\nother Act or law.\n(3) Sections 15, 16 and 17 apply in relation to an order under this\nDivision as they apply in relation to an order under Division 3.\n25 Time limit for applying for order and conditions for making it\n(1) Subject to subsection (2), section 14 applies to an application for an\norder under this Division as it applies to an application under\nsection 13(1) for an order under Division 3.\n(2) Section 14(2) does not apply to an application for an order under\nthis Division if the grounds on which the application is made are or\ninclude the grounds specified in section 26(1)(b).\n(3) Sections 15, 16 and 17 apply in relation to an order under this\nDivision as they apply in relation to an order under Division 3.\n26 Order for maintenance\n(1) A court may make an order for periodic or other maintenance if it is\nsatisfied as to either or both of the following:\n(a) that the partner applying for the order is unable to support\nhimself or herself adequately because of having the care and\ncontrol of a child of the de facto partners, or a child of the\nother partner, who has not attained the age of 18 years on the\nday on which the application is made;\n(b) that the partner is unable to support himself or herself\nadequately because the partner's earning capacity has been\nadversely affected by the circumstances of the relationship\nand, in the opinion of the court:\n(i) an order for maintenance would increase the partner's\nearning capacity by enabling the partner to undertake a\ncourse or program of training or education; and\n(ii) it is reasonable to make the order, having regard to all\nthe circumstances of the case.\n\nPart 2 Power of Courts to declare existence of relationships, to declare and adjust\ninterests in property, and make maintenance orders\nDivision 5 Maintenance\nDe Facto Relationships Act 1991 14\n(2) In determining whether to make an order under this Division for\nmaintenance and in fixing an amount to be paid, a court must have\nregard to the following:\n(a) the income, property and financial resources of each de facto\npartner;\n(b) the physical and mental capacity of each de facto partner for\nappropriate gainful employment;\n(c) the financial needs and obligations of each de facto partner;\n(d) subject to subsection (3), the eligibility of either party for a\npension, allowance or benefit under a law of the\nCommonwealth or a State or Territory of the Commonwealth,\nor of another country, and the rate of any such pension,\nallowance or benefit being paid to either party;\n(e) the responsibilities of either de facto partner to support any\nother person;\n(f) the terms of any order made or proposed to be made under\nDivision 3 with respect to the property of the de facto partners;\n(g) any payments made for the maintenance of a child or children\nin the care and control of the partner applying for the order.\n(3) In making an order, a court must disregard any entitlement of the\npartner applying for the order, or of any child of whom that partner\nhas the care and control, to an income tested pension, allowance or\nbenefit as defined in the Family Law Act 1975 (Cth).\n27 Interim maintenance\nWhere it appears to a court that the partner applying for an order\nunder this Division is in immediate need of financial assistance, but\nit is not practicable in the circumstances to decide immediately if an\norder should be made, the court may order the other partner to pay\nto the applicant such periodic or other amounts until the application\nis determined as the court considers reasonable.\n28 Effect of subsequent marriage or de facto relationship\nWhere de facto partners have ended their de facto relationship, a\npartner who has subsequently married or entered into another\nde facto relationship may not apply for an order under this Division\nagainst the previous de facto partner.\n\nPart 2 Power of Courts to declare existence of relationships, to declare and adjust\ninterests in property, and make maintenance orders\nDivision 5 Maintenance\nDe Facto Relationships Act 1991 15\n29 Application cannot continue after death of party\nAn application for an order under this Division cannot be continued\nif either party to the application dies before the application is\ndetermined.\n30 Cessation of order – generally\n(1) An order under this Division ceases to have effect:\n(a) on the death of either de facto partner; or\n(b) on the marriage of the de facto partner in whose favour the\norder was made.\n(2) Where a de facto partner in whose favour an order under this\nDivision is made marries, he or she must, without delay, notify the\nde facto partner against whom the order was made of the date of\nthe marriage.\n(3) A de facto partner who, after a marriage mentioned in\nsubsection (1)(b) takes place, paid any amount under an order\nunder this Division providing for periodic maintenance may recover\nthe amount as a debt due and payable by the previous de facto\npartner.\n31 Cessation of order – child care responsibilities\nAn order under this Division for periodic maintenance, being an\norder made where the court is satisfied solely as to the matters\nspecified in section 26(1)(a), ceases to have effect on the day on\nwhich the de facto partner in whose favour the order was made\nceases to have the care and control of the child or the children in\nrespect of whom the order was made.\n32 Duration of orders for periodic maintenance\n(1) An order under this Division for periodic maintenance, being an\norder made where the court is satisfied solely as to the matters\nspecified in section 26(1)(a), applies for such period as the court\ndecides, not exceeding the period ending when the child in respect\nof whom the order was made, or the younger or youngest child,\nattains the age of 18 years.\n\nPart 2 Power of Courts to declare existence of relationships, to declare and adjust\ninterests in property, and make maintenance orders\nDivision 5 Maintenance\nDe Facto Relationships Act 1991 16\n(2) An order under this Division for periodic maintenance, being an\norder made where the court is satisfied solely as to the matters\nspecified in section 26(1)(b), applies for such period as the court\ndecides, being a period not exceeding:\n(a) 3 years after the day on which the order was made; or\n(b) 4 years after the day on which the de facto partners last lived\ntogether;\nwhichever is the shorter.\n(3) An order under this Division for periodic maintenance, being an\norder made where the court is satisfied as to the matters specified\nin both paragraph (a) and paragraph (b) of section 26(1), applies for\nsuch period as the court decides, being a period not exceeding the\nrelevant period permissible under subsection (1) or (2), whichever\nis the longer.\n(4) Nothing in this section or in an order under this Division for periodic\nmaintenance prevents the order from ceasing to have effect under\nsection 30 or 31.\n33 Discharge, suspension, revival or variation of periodic\nmaintenance orders\n(1) On application by a de facto partner in respect of whom an order\nunder this Division has been made for periodic maintenance, a\ncourt may by order:\n(a) discharge the order; or\n(b) suspend the operation of the order wholly or in part and either\nuntil a further order is made or until a fixed time or the\nhappening of a future event; or\n(c) revive, wholly or in part, the operation of an order suspended\nunder paragraph (b); or\n(d) vary the order so as to increase or decrease an amount\ndirected by the order to be paid, or in any other manner.\n(2) Subject to subsection (2A), a court must not make an order under\nsubsection (1) unless it is satisfied that:\n(a) the circumstances of either of the de facto partners have\nchanged in such a way; or\n(b) the cost of living has changed to such an extent;\n\nPart 2 Power of Courts to declare existence of relationships, to declare and adjust\ninterests in property, and make maintenance orders\nDivision 5 Maintenance\nDe Facto Relationships Act 1991 17\nas to justify making the order.\n(2A) A court must discharge an order if satisfied:\n(a) the de facto relationship has ended; and\n(b) the de facto partner in whose favour the order was made has\nentered into another de facto relationship.\n(3) In satisfying itself for subsection (2)(b), a court must have regard to\nany changes that have occurred, during the relevant period in:\n(a) the Consumer Price Index (All Groups Index) issued by the\nAustralian Statistician; or\n(b) a group of numbers or of amounts, relating to the price of\ngoods and services, issued by the Australian Statistician\nwhich is prescribed for this paragraph.\n(4) A court must not, in considering the variation of an order, have\nregard to a change in the cost of living unless not less than\n12 months have elapsed since the order was made, or last varied\nbecause of a change in the cost of living.\n(5) A court may make a retrospective order decreasing the amount of a\nperiodic amount payable under an order.\n(6) For this section, a court must have regard to sections 24 and 26.\n34 Extension of order for periodic maintenance\n(1) Where a court has made an order under this Division for periodic\nmaintenance for a period less than the maximum period permissible\nunder section 32, the de facto partner in whose favour the order is\nmade may apply to the court at any time before that maximum\nperiod ends for an extension of the period for which the order\napplies.\n(2) A court must not make an order to extend periodic maintenance\nunless it is satisfied that there are circumstances which justify an\nextension.\n(3) An order may not extend the period beyond the maximum period\npermissible under section 32.\n(4) For this section, a court must have regard to sections 24 and 26.\n\nPart 2 Power of Courts to declare existence of relationships, to declare and adjust\ninterests in property, and make maintenance orders\nDivision 6 Supplementary\nDe Facto Relationships Act 1991 18\n35 Recovery of arrears\nNothing in section 30 or 31 affects the recovery of arrears due and\npayable under an order under this Division for maintenance at the\ntime when the order ceased to have effect.\nDivision 6 Supplementary\n36 Duty of court to end financial relationship\nIn proceedings for an order under Division 3 or 5 a court must, as\nfar as is practicable, make orders that will finally determine the\nfinancial relationships between the de facto partners and avoid\nfurther proceedings between them.\n37 General powers of court for purposes of Part 2\nA court may, in exercising its powers under this Part other than\nsection 10, do any one or more of the following:\n(a) order the transfer of property;\n(b) order the sale of property, and the distribution of the proceeds\nof sale in any proportions that the court thinks fit;\n(c) order that any necessary instrument be executed, and that\nsuch documents of title be produced or other things be done\nas are necessary to enable an order to be carried out\neffectively or to provide security for the due performance of an\norder;\n(d) order payment of a lump sum, whether in one amount or by\ninstalments;\n(e) order payment of a weekly, fortnightly, monthly, yearly or other\nperiodic amount;\n(f) order that the payment of any sum ordered to be paid be\nwholly or partly secured in any manner that the court directs;\n(g) appoint or remove trustees;\n(h) make an order or grant an injunction:\n(i) for the protection of, or otherwise relating to, the property\nor financial resources of one or both of the parties to an\napplication; or\n\nPart 2 Power of Courts to declare existence of relationships, to declare and adjust\ninterests in property, and make maintenance orders\nDivision 6 Supplementary\nDe Facto Relationships Act 1991 19\n(ii) to aid the enforcement of any other order made in\nrespect of an application;\nor both;\n(j) impose terms and conditions;\n(k) make an order by consent;\n(m) make any other order or grant any other injunction which it\nconsiders necessary to do justice.\n38 Execution of instruments by order of court\n(1) Where:\n(a) an order under this Part has directed a person to execute an\ninstrument; and\n(b) the person has refused or neglected to comply with the\ndirection or, for any other reason, a court thinks it necessary to\nexercise its powers under this subsection;\nthe court may appoint an officer of the court or other person to\nexecute the instrument in the name of the person to whom the\ndirection was given, and to do everything necessary to make the\ninstrument valid and operative.\n(2) The execution of the instrument by the appointed person has the\nsame force and validity as if it had been executed by the person\ndirected by the order to execute it.\n(3) A court may make any order it thinks just about the payment of the\ncosts and expenses of and incidental to the preparation and\nexecution of the instrument.\n39 Orders and injunctions in the absence of a party\n(1) In the case of urgency, a court may, in the absence of a party,\nmake or grant:\n(a) an order under section 27; or\n(b) an order or injunction for either or both of the purposes\nspecified in section 37(h).\n(2) An application for relief under this section may be made orally or in\nwriting or in any form the court considers appropriate.\n\nPart 2 Power of Courts to declare existence of relationships, to declare and adjust\ninterests in property, and make maintenance orders\nDivision 6 Supplementary\nDe Facto Relationships Act 1991 20\n(3) If an application under this section is not made in writing, the court\nmust not make an order or grant an injunction unless it considers\nthat it is necessary to do so because of the extreme urgency of the\ncase.\n(4) The court may give directions with respect to the filing, serving and\nfurther hearing of a written application.\n(5) An order or injunction granted under this section must be expressed\nto operate or apply only until a specified time or the further order of\nthe court.\n(6) The court may give directions with respect to:\n(a) the service of an order or injunction granted under this section\nand any other documents it thinks fit; and\n(b) the hearing of an application for a further order.\n40 Variation and setting aside of orders in special cases\n(1) Where a court is satisfied, on the application of a person in respect\nof whom an order has been made under Division 3 or 5:\n(a) that there has been a miscarriage of justice because of fraud,\nduress, suppression of evidence, the giving of false evidence\nor any other circumstance; or\n(b) that in the circumstances that have arisen since the order was\nmade, it is impracticable for the order or part of the order to be\ncarried out; or\n(c) that a person has defaulted in carrying out an obligation\nimposed on the person by the order and, in the circumstances\nthat have arisen as a result of that default, it is just and\nequitable to vary the order or to set the order aside and make\na substitute order;\nthe court may vary the order or set the order aside and, if it thinks\nfit, make a substitute order in accordance with that Division.\n(2) An order under Division 5 for maintenance, other than periodic\nmaintenance, may not be varied except in accordance with this\nsection.\n41 Transactions to defeat claims\n(1) On an application for an order under Division 3, the court may set\naside, or restrain the making of, any instrument or disposition made\n\nPart 2 Power of Courts to declare existence of relationships, to declare and adjust\ninterests in property, and make maintenance orders\nDivision 6 Supplementary\nDe Facto Relationships Act 1991 21\nor proposed to be made by or on behalf of a party to the\napplication, or by the direction of or in the interest of such a party,\nwhich is, irrespective of intention, likely to defeat an existing or\nanticipated order relating to the application (being an order\nadjusting interests with respect to the property of the parties or\neither of them, or an order for costs).\n(2) Without limiting section 37, the court has power to order:\n(a) that any property dealt with by an instrument or disposition\nmentioned in subsection (1) may as the court directs be taken\nin execution, or used or applied in or charged with the\npayment of any amounts payable under:\n(i) an order adjusting interests with respect to the property\nof the parties or either of them; or\n(ii) an order for costs; and\n(b) that the proceeds of a sale must be paid into court to await its\norder.\n(3) The court may order a party, or a person acting in collusion with a\nparty, to pay the costs of:\n(a) the other party; or\n(b) a purchaser in good faith or other interested person;\nin relation or incidental to an instrument or disposition mentioned in\nsubsection (1) and to the setting aside or restraining of the\ninstrument or disposition.\n(4) In this section:\ndisposition includes a sale and a gift.\n42 Interests of other persons\n(1) In the exercise of its powers under Divisions 3, 4 and 6, a court\nmust have regard to the interests of, and make any order proper for\nthe protection of, a purchaser in good faith or other interested\nperson.\n(2) A court may order that a person be given notice of the proceedings,\nor be made a party to the proceedings, on the application of that\nperson or if it appears to the court that the person may be affected\nby an order under any of those Divisions.\n\nPart 3 Cohabitation agreements and separation agreements\nDe Facto Relationships Act 1991 22\n43 Enforcement of orders and injunctions\n(1) If a court having jurisdiction under this Part is satisfied that a person\nhas knowingly and without reasonable cause contravened an order\nmade or injunction granted under this Part, the court may:\n(a) order the person to give to the court any documents the court\nthinks fit; and\n(b) make any other orders that the court considers necessary to\nenforce compliance with the order or injunction.\n(2) Nothing in subsection (1) affects any other power of a court to\nenforce its orders or its power to punish a person for contempt.\nPart 3 Cohabitation agreements and separation\nagreements\n44 Validity of agreements\n(1) Two adults who are not married to each other may enter into a\ncohabitation agreement or separation agreement.\n(2) Except as otherwise provided by this Part, a cohabitation\nagreement or separation agreement is subject to and enforceable in\naccordance with the law of contract.\n(3) Nothing in a cohabitation agreement or separation agreement\naffects the power of a court to make an order with respect to:\n(a) the right to custody or maintenance of; or\n(b) the right of access to; or\n(c) any other matter relating to;\nthe children of the parties to the agreement.\n45 Effect of agreements in proceedings for adjustment of\nproperty rights or maintenance orders\n(1) This section applies where a de facto partner applies to a court for\nan order under Part 2, Division 3 or 5 and the court is satisfied on\nthe application that there is a cohabitation agreement or separation\nagreement between that partner and the other.\n(2) Where the court is also satisfied that the agreement is in writing and\nis signed by the other de facto partner, the court may make an\norder under Part 2, Division 3 or 5 even if the agreement purports to\n\nPart 3 Cohabitation agreements and separation agreements\nDe Facto Relationships Act 1991 23\nexclude its jurisdiction to do so, but (except as provided by\nsections 46 and 47) must not make an order which is in any respect\ninconsistent with the terms of the agreement.\n(3) Where the court is not satisfied as mentioned in subsection (2), the\ncourt may make such order under Part 2, Division 3 or 5 as it could\nhave made if there were no such agreement between the partners,\nbut may nevertheless have regard to the terms of the agreement.\n46 Variation and setting aside of agreements\n(1) On an application by a de facto partner for an order under Part 2,\nDivision 3 or 5, the court may, in the circumstances specified in this\nsection, vary or set aside all or any of the provisions of a\ncohabitation agreement or separation agreement made between\nthat de facto partner and the other, being an agreement which is in\nwriting and is signed by that other.\n(2) The court may exercise its powers under subsection (1) in respect\nof a cohabitation agreement or separation agreement only if, in its\nopinion:\n(a) enforcement (whether on the application before the court or on\nany other application for any remedy or relief under any other\nAct or law) of the agreement would lead to serious injustice\nbetween the parties; or\n(b) circumstances have arisen since the time when the agreement\nwas made making it impracticable for its provisions, or any of\nthem, to be carried out.\n(3) A court may exercise its powers under subsection (1) despite any\nprovision to the contrary in a cohabitation agreement or separation\nagreement.\n47 Disregarding of spent agreements in proceedings to adjust\nproperty rights or for maintenance orders\nOn an application by a de facto partner for an order under Part 2,\nDivision 3 or 5, a court is not required to give effect to the terms of a\ncohabitation agreement or separation agreement entered into by\nthat partner if the court is of the opinion:\n(a) that the de facto partners have, by their words or conduct,\nrevoked the agreement or consented to its revocation; or\n(b) that the agreement has otherwise ceased to have effect.\n\nPart 4 Miscellaneous matters\nDe Facto Relationships Act 1991 24\n48 Death of partner – effect on periodic maintenance under\nagreements\n(1) The provisions of a cohabitation agreement or separation\nagreement requiring a de facto partner to pay periodic maintenance\nto the other de facto partner:\n(a) are, on the death of the first-mentioned partner, unenforceable\nagainst that partner's estate except to the extent that the\nagreement otherwise provides; and\n(b) are, on the death of the second-mentioned partner,\nunenforceable by that partner's estate.\n(2) Subsection (1) does not affect the right to recover arrears of\nperiodic maintenance due and payable under an agreement at the\ntime of a partner's death.\n49 Death of partner – effect on lump sum payments etc. under\nagreements\nThe provisions of a cohabitation or separation agreement between\nde facto partners relating to property and lump sum payments may,\non the death of one of the partners, be enforced on behalf of, or as\nthe case may require against, the estate of the deceased partner,\nexcept in so far as the agreement provides to the contrary.\nPart 4 Miscellaneous matters\n50 Exemption of certain instruments from stamp duty\nAn instrument is exempt from stamp duty to the extent that it makes\nprovision for or with respect to the conveyance to de facto partners,\nor either of them, of property of the partners or either of them if the\nCommissioner of Territory Revenue is satisfied that the instrument\nis made because of the breakdown of the partners' de facto\nrelationship.\n52 Saving for other rights of de facto partners\nNothing in this Act affects any right of a de facto partner to apply for\nany remedy or relief under any other Act or law.\n53 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n\nPart 4 Miscellaneous matters\nDe Facto Relationships Act 1991 25\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n\nENDNOTES\nDe Facto Relationships Act 1991 26\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nDe Facto Relationships Act 1991 (Act No. 38, 1991)\nAssent date 28 September 1991\nCommenced 1 October 1991 (s 2)\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nRevenue Law Reform (Budget Initiatives) Act 2008 (Act No. 23, 2008)\nAssent date 30 June 2008\nCommenced pt 1, ss 3, 12(1), 18 and 19: 1 January 2008; ss 7, 10\nand 11(1): 6 May 2008; rem: 1 July 2008 (s 2)\nStatute Law Revision Act 2011 (Act No. 30, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nSurrogacy Act 2022 (Act No. 8, 2022)\nAssent date 26 May 2022\nCommenced 20 December 2022 (Gaz S66, 20 December 2022)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 35 Law Reform (Gender, Sexuality and De Facto Relationships Act 2003\n(Act No. 1, 2004)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 5 and 6.\n\nENDNOTES\nDe Facto Relationships Act 1991 27\n5 LIST OF AMENDMENTS\npt 1 hdg amd No. 30, 2011, s 3\ns 3 amd No. 1, 2004, s 30; No. 30, 2011, s 3; No. 8, 2022, s 68\ns 3A ins No. 1, 2004, s 31\nss 5 – 10 amd No. 30, 2011, s 3\nss 15 – 16 amd No. 30, 2011, s 3\nss 18 – 19 amd No. 30, 2011, s 3\nss 24 – 27 amd No. 30, 2011, s 3\ns 30 amd No. 30, 2011, s 3\ns 32 amd No. 30, 2011, s 3\ns 33 amd No. 1, 2004, s 32; No. 30, 2011, s 3\ns 34 amd No. 30, 2011, s 3\nss 36 – 43 amd No. 30, 2011, s 3\ns 44 amd No. 1, 2004, s 33; No. 30, 2011, s 3\nss 45 – 49 amd No. 30, 2011, s 3\npt 4 hdg amd No. 30, 2011, s 3\ns 50 amd No. 23, 2008, s 21; No. 30, 2011, s 3\ns 51 rep No. 1, 2004, s 30","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Act has been amended since initial enactment to expand who can be a de facto partner and to update related coverage. The endnotes record a Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 that inserted section 3A and other amendments (No. 1, 2004) and later amendments including the Surrogacy Act 2022 (No. 8, 2022) which altered definitions of 'child' (s 3) to include parentage orders under the Surrogacy Act (endnotes and s 3 references). A Revenue Law Reform Act 2008 added or amended provisions relevant to stamp duty (s 50) and other amendments recorded in the endnotes have adjusted procedural and substantive details. These changes broadened the statutory categories and clarified effects on parentage, and altered revenue/exemption mechanics relative to the Act’s original form."},"complexity_factors":["Multiple judicial forums with transfer and stay rules (Supreme Court, Local Court, interaction with Family Court) (ss 4, 6–9, 20).","Broad judicial discretion to make a wide range of property and enforcement orders framed by a non‑exclusive 'just and equitable' test (ss 18, 37).","Detailed substantive tests with many factual factors for recognising de facto relationships (s 3A) and for awarding maintenance (s 26).","Multiple procedural limits and exceptions (time limits, residency/connection tests, exceptions where child or substantial contributions exist) (ss 14–16).","Interaction with contractual agreements (cohabitation/separation agreements) including rules for enforceability, variation and setting aside (ss 44–47).","Special provisions addressing death, estates, remarriage and the effect of subsequent relationships on rights and enforcement (ss 22–23, 28–31, 48–49).","Powers to unwind or restrain transactions to defeat claims and to require execution of instruments, implicating third parties and purchasers in good faith (ss 38, 41–42).","Revenue‑related provision (stamp‑duty exemption) and commissioner discretion (s 50).","Regulatory delegation and rulemaking power adds further procedural detail potential (s 53)."],"plain_english_summary":"What this law does (mechanics)\n\n- Gives courts power to decide whether two people were in a de facto (marriage‑like) relationship and to make orders about property and maintenance between de facto partners (Supreme Court and Local Court) (ss 4, 10, 12, 13).\n- Sets a statutory test for when two people count as de facto partners: not married and in a marriage‑like relationship, with relevant factors listed (duration, living together, financial interdependence, household duties, children, public reputation, etc.) (s 3A(1)–(2)).\n- Allows courts to adjust interests in property where just and equitable, taking into account financial and non‑financial contributions (including homemaking and parenting) and the welfare of children or other dependants (s 18). Courts can order transfers, sales, lump sums, periodic payments, security, execution of documents and injunctive relief to give effect to orders (s 37, 38).\n- Provides time limits and jurisdictional conditions for applications: usually within 2 years after the relationship ends (s 14), with specified residency and connection requirements to the Northern Territory for the court to make orders (s 15–16). There are limited exceptions to time and duration rules (s 14(2), s 16(2)).\n- Creates a separate scheme for maintenance (financial support) between de facto partners: who can apply, the grounds for maintenance (care of children or reduced earning capacity caused by the relationship), how amounts are assessed and the duration limits for orders (ss 24–33).\n- Recognises and governs cohabitation and separation agreements between adults: they are contracts enforceable in law, but courts may refuse to give effect to or may vary or set aside agreements in certain circumstances (ss 44–47). Written and signed agreements attract particular treatment in court proceedings (s 45).\n- Permits courts to adjourn, defer or stay proceedings in a range of circumstances (likely future financial change, concurrent Family Court proceedings, transfer between courts) and to act to prevent dissipation of assets likely to defeat a claim (ss 6–7, 19–21, 41).\n- Sets consequences of death, remarriage or new de facto relationships for applications and orders (ss 22–23, 28–31, 48–49).\n- Includes a limited stamp‑duty exemption for instruments made because of a breakdown of a de facto relationship (s 50) and preserves rights to other remedies under other laws (s 52). Regulations may be made by the Administrator (s 53).\n\nWhy the law exists (official purpose claim and how it is reflected mechanically)\n\n- The Act’s long title states its purpose as making provision for property rights of de facto partners and validating certain agreements. Mechanically, it gives courts power to: (a) decide whether a de facto relationship existed (s 10); (b) declare property titles or rights (s 12); (c) adjust property interests by orders designed to be \"just and equitable\" (s 18); and (d) make maintenance orders where statutory criteria are met (s 26). The Act therefore translates the policy objective of resolving financial consequences of relationship breakdown into court powers, statutory tests and procedural limits.\n\nCosts, incentives, trade‑offs and implementation risks (mechanisms, not verdicts)\n\n- Who pays and who benefits: A party ordered by the court to make payments, transfer property or provide security bears the direct financial cost of an order (ss 18, 37). Beneficiaries are the partner in whose favour an order is made or their children/dependants (s 18). Estates can be liable where orders are enforced against a deceased party’s estate (ss 23, 48–49).\n\n- Litigation and compliance costs fall on the private parties: applications, evidence to prove a de facto relationship (s 3A), and court processes (transfers between courts, adjournments) create time and expense for both applicants and respondents (ss 6–7, 19–21). Parties who want the special protection for agreements must ensure agreements are in writing and signed to obtain the full legal effect in proceedings (s 45); that is a clear compliance burden.\n\n- Judicial discretion and legal uncertainty: The core remedial test is broad — orders the court considers \"just and equitable\" having regard to a range of contributions and welfare factors (s 18). That gives courts wide discretion on outcome and remedies (s 37). Wide discretion reduces mechanical predictability of outcomes, increasing reliance on legal advice and potential litigation costs.\n\n- Time limits and strategic behaviour: The primary filing deadline is 2 years after relationship end (s 14), with limited judicial leave only where refusing leave causes greater hardship (s 14(2)). Time limits create an incentive for timely applications and may encourage early settlement, but also risk excluding late but potentially deserving claims. A partner who remarries or enters another de facto relationship is barred from bringing maintenance claims against the previous partner (s 28), which creates a clear rule that changes incentives about timing of marriages and claims.\n\n- Asset protection and enforcement powers: The court can prevent or unwind transfers intended (or likely) to defeat claims (s 41) and can order execution of instruments or require documents and security (ss 38, 37(h)). Those powers enable courts to protect claimants but also mean parties must consider potential injunctive relief when disposing of assets.\n\n- Interaction with other courts and laws: The Act allows adjournment if Family Court proceedings are pending (s 20), and preserves rights under other laws (s 52). That creates multi‑forum risk: similar disputes may proceed in multiple jurisdictions, requiring coordination (transfer/stay rules in ss 6–9).\n\n- Public costs and revenue interaction: The stamp‑duty exemption for instruments due to relationship breakdown (s 50) reduces Territory revenue in qualifying cases; the text gives the Commissioner of Territory Revenue discretion to apply the exemption (s 50).\n\n- Proof and evidentiary risk: Determining a de facto relationship relies on a multi‑factor factual inquiry (s 3A(2)) and the court may consider events before the Act or outside the Territory (s 17), so evidentiary disputes can be complex.\n\nConcentrated benefits and diffuse costs (mechanisms)\n\n- Concentrated benefits: Individuals who successfully seek property adjustment or maintenance (or those protected by written agreements) receive direct financial benefit (ss 18, 26, 45).\n- Diffuse costs: Litigation costs, administrative load on courts, and the limited revenue impact from stamp‑duty exemptions are borne more diffusely (s 50).\n\nKey discretion and decision points (references)\n\n- Courts decide relationship status, orders and remedies (ss 3A, 10, 12, 18, 37).\n- Time limits and leave (s 14); residency and connection tests for Territory jurisdiction (s 15–16).\n- Courts may adjourn, transfer, defer operation of orders, set aside transactions that would defeat claims, and enforce by injunctions or execution of documents (ss 6–7, 19–21, 41, 37, 38).\n\nPractical behavioural changes induced by the Act\n\n- Parties are likely to formalise cohabitation/separation agreements in writing and signed form to gain evidentiary weight (s 45).\n- People who end de facto relationships must act within statutory time limits to preserve rights to claim property adjustment (s 14) and maintenance (s 25).\n- Those disposing of assets after separation risk injunctions or orders setting aside transactions that would defeat claims (s 41).\n\nSources cited: specific provisions above are shown in parentheses throughout."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of providing property and maintenance remedies for de facto partners. While amendments have modernised definitions (notably the 2004 amendments removing gender-specific language and the 2022 amendment regarding surrogacy), these represent updates to scope rather than expansion beyond the original intent. The core framework established in 1991 — property adjustment, limited maintenance, and recognition of agreements — remains intact."},"complexity_factors":["Multiple jurisdictional thresholds and transfer mechanisms between Supreme Court and Local Court (sections 4-9)","Nested qualifying conditions for property orders: 2-year cohabitation requirement with exceptions for children or substantial contributions (section 16), plus territorial connection requirements (section 15)","Complex maintenance regime with different time limits depending on whether based on child care (s 26(1)(a)) or earning capacity (s 26(1)(b)), and different maximum durations (section 32)","Interaction between court-made orders and private agreements (cohabitation/separation agreements) creates layered enforcement rules (Part 3, sections 44-49)","Multiple timing restrictions: 2-year limitation period for property applications (section 14), 12-month restriction on cost-of-living variations (section 33(4)), and various cessation triggers for maintenance (sections 30-31)","Cross-references between Divisions: sections 15, 16, and 17 apply to both property division (Division 3) and maintenance (Division 5) through explicit incorporation","Specific evidentiary and procedural rules for urgent orders (section 39) and execution of instruments (section 38)"],"plain_english_summary":"This is the Northern Territory's law for people in de facto relationships — couples who live together in a marriage-like relationship but aren't actually married. It gives the courts power to sort out property and money disputes when these relationships break down.\n\n**What it does:**\n\n*   **Defines de facto relationships:** A couple is in a de facto relationship if they have a \"marriage-like relationship\" — the court looks at things like how long they've been together, whether they live together, their sex life, financial arrangements, shared commitments, and whether they have kids together. Same-sex and opposite-sex couples are treated the same. It doesn't matter if one person is married to someone else or in another de facto relationship at the same time.\n\n*   **Property division:** If a de facto couple splits up, either partner can ask the court to adjust who owns what property. To qualify, the couple generally needs to have lived together for at least 2 years, or have a child together, or one partner needs to have made substantial contributions (like homemaking or financial contributions) that would otherwise go uncompensated. At least one partner must live in the NT when applying, and they must have lived together in the NT for at least one-third of the relationship (or made substantial contributions there). Applications must be made within 2 years of separation (though the court can grant extensions in hardship cases).\n\n*   **Maintenance (ongoing financial support):** Unlike married couples, de facto partners don't have an automatic right to maintenance. A court can only order one partner to pay ongoing support to the other if: (a) they need it because they're caring for a child under 18, or (b) their earning capacity was damaged by the relationship and they need support to retrain. These orders generally last until the child turns 18, or for up to 3-4 years for retraining support. Maintenance stops if the recipient marries or either partner dies.\n\n*   **Cohabitation and separation agreements:** Couples can make written agreements before or during their relationship (cohabitation agreements) or when splitting up (separation agreements) about how to divide property and handle maintenance. These are generally binding like contracts, but a court can override them if enforcing the agreement would cause \"serious injustice\" or if circumstances have changed dramatically.\n\n*   **Which courts handle this:** Both the Supreme Court and Local Court can hear these cases, though the Local Court has limits on the value of property it can deal with (unless both parties agree otherwise).\n\n**Who it affects:**\nAnyone in a de facto relationship in the Northern Territory, or anyone who used to be in one and needs to sort out property or maintenance. It also affects children of these relationships and third parties who might have interests in the property being divided.\n\n**Why it matters:**\nBefore laws like this, people who lived together but weren't married had very limited rights to claim a share of property or seek financial support if the relationship ended. This Act puts de facto couples on a similar footing to married couples when it comes to dividing assets and (in limited circumstances) getting ongoing support, providing a legal framework for what happens when these relationships break down."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/de-facto-relationships-act-1991","history":"/api/acts/de-facto-relationships-act-1991/history","analysis":"/api/acts/de-facto-relationships-act-1991/analysis","conflicts":"/api/acts/de-facto-relationships-act-1991/conflicts","importantCases":"/api/acts/de-facto-relationships-act-1991/important-cases","documents":"/api/acts/de-facto-relationships-act-1991/documents"}}