{"id":"domestic-partners-property-act-1996","name":"Domestic Partners Property Act 1996","slug":"domestic-partners-property-act-1996","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31918,"registerId":"sa-domestic-partners-property-act-1996-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Domestic Partners Property Act 1996","content":"South Australia\nDomestic Partners Property Act 1996\nAn Act to facilitate the resolution of property disputes arising on the termination of domestic partnerships; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tApplication of Act\nPart 2—Domestic partnership agreements\n5\tDomestic partnership agreements\n6\tDomestic partnership agreement enforceable under law of contract\n7\tConsensual variation or revocation of domestic partnership agreement\n8\tPower to set aside or vary domestic partnership agreement\nPart 3—Adjustment of property interests\n9\tProperty adjustment order\n10\tPower to make orders for division of property\n11\tMatters for consideration by court\n12\tDuty of court to resolve all outstanding questions\n13\tSmall claims\nPart 4—Miscellaneous\n14\tTransactions to defeat claims\n14A\tRestriction on publication of proceedings\n15\tProtection of purchaser in good faith, for value and without notice of claim\n16\tNon-exclusivity of remedies\n17\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Domestic Partners Property Act 1996.\n3—Interpretation\n\t(1)\tIn this Act—\ncertified domestic partnership agreement—see subsection (2);\nchild of domestic partners means—\n\t(a)\ta child of which the domestic partners are the natural parents; or\n\t(b)\ta child of the female partner whose male partner is presumed to be the father of the child under an Australian law; or\n\t(c)\ta child adopted by the partners;\nclose personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their sex or gender identity) who live together as a couple on a genuine domestic basis, but does not include—\n\t(a)\tthe relationship between a legally married couple; or\n\t(b)\ta relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;\nNote—\nTwo persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.\ncourt means—\n\t(a)\tthe Supreme Court; or\n\t(b)\tthe District Court; or\n\t(c)\tif an application relates to property valued at $100 000 or less, the Magistrates Court;\ndomestic partner means—\n\t(a)\ta person in a registered relationship, and includes—\n\t(i)\ta person who is about to enter into a registered relationship; or\n\t(ii)\ta person who has been in a registered relationship; or\n\t(b)\ta person who lives in a close personal relationship, and includes—\n\t(i)\ta person who is about to enter a close personal relationship; or\n\t(ii)\ta person who has lived in a close personal relationship;\ndomestic partnership agreement means an agreement about—\n\t(a)\tthe division of property on the termination of a domestic partnership; or\n\t(b)\tany other matter (financial or otherwise) related to a domestic partnership;\nlawyer means a person who is admitted as a barrister and solicitor of the Supreme Court and holds a current practising certificate;\nlawyer's certificate means a certificate signed by a lawyer, and endorsed on an agreement, certifying that—\n\t(a)\tthe lawyer explained the legal implications of the agreement to a party to the agreement, named in the certificate, in the absence of the other party to the agreement; and\n\t(b)\tthe party gave the lawyer apparently credible assurances that the party was not acting under coercion or undue influence; and\n\t(c)\tthe party signed the agreement in the lawyer's presence;\nproperty of a person includes—\n\t(a)\ta prospective entitlement or benefit under a superannuation or retirement benefit scheme;\n\t(b)\tproperty held under a discretionary trust that could, under the terms of the trust, be vested in the person or applied for the person's benefit;\n\t(c)\tproperty over which the person has a direct or indirect power of disposition and which may be used or applied for the person's benefit;\n\t(d)\tany other valuable benefit;\nregistered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act.\n\t(2)\tFor the purposes of this Act, a domestic partnership agreement is a certified domestic partnership agreement if—\n\t(a)\tthe agreement contains a provision (the warranty of asset disclosure) under which each party to the agreement warrants that he or she has disclosed all relevant assets to the other; and\n\t(b)\t—\n\t(i)\tthe signature of each party to the agreement is attested by a lawyer's certificate; and\n\t(ii)\teach lawyer's certificate is given by a different lawyer.\n4—Application of Act\n\t(1)\tThis Act does not apply to—\n\t(a)\ta domestic partnership (other than a domestic partnership that was a de facto relationship) that ended before the commencement of this section; or\n\t(b)\ta de facto relationship that ended before 16 December 1996.\nNote—\nThe Domestic Partners Property Act 1996 came into operation on 16 December 1996 as the De Facto Relationships Act 1996.\n\t(2)\tIn this section—\nde facto relationship means the relationship between a man and a woman, who although not legally married to each other, live together on a genuine domestic basis as husband and wife.\nPart 2—Domestic partnership agreements\n5—Domestic partnership agreements\n\t(1)\tDomestic partners may make a domestic partnership agreement.\n\t(2)\tA domestic partnership agreement must—\n\t(a)\tbe in writing; and\n\t(b)\tbe signed by each party to the agreement.\n6—Domestic partnership agreement enforceable under law of contract\nA domestic partnership agreement is subject to, and enforceable under, the law of contract.\n7—Consensual variation or revocation of domestic partnership agreement\n\t(1)\tA domestic partnership agreement may be varied or revoked by a written or oral agreement.\n\t(2)\tHowever, if a domestic partnership agreement is a certified domestic partnership agreement, it may only be varied by a certified domestic partnership agreement.\n8—Power to set aside or vary domestic partnership agreement\n\t(1)\tIf a court is satisfied that the enforcement of a domestic partnership agreement would result in serious injustice, the court may set aside or vary the agreement to avoid the injustice.\n\t(2)\tA court may exercise its powers under this section—\n\t(a)\ton the court's own initiative; or\n\t(b)\ton the application of either party to the domestic partnership agreement.\n\t(3)\tHowever, a court cannot set aside or vary a domestic partnership agreement under this section if—\n\t(a)\tthe agreement provides for the exclusion of the court's power to set aside or vary the agreement; and\n\t(b)\tthe agreement is a certified domestic partnership agreement.\nPart 3—Adjustment of property interests\n9—Property adjustment order\n\t(1)\tAfter a domestic partnership ends, either of the domestic partners may apply to a court for the division of property.\n\t(2)\tHowever, an application for the division of property may only be made if—\n\t(a)\tthe applicant or respondent is resident in the State when the application is made; and\n\t(b)\tthe applicant and respondent were resident in the State for the whole or a substantial part of the period of the relationship; and\n\t(c)\tthe domestic partnership existed for at least 3 years or there is a child of the domestic partners.\n\t(3)\tAn application for the division of property must be made within one year after the end of the domestic relationship unless the court, after considering the interests of both domestic partners, is satisfied that extension of this period of limitation is necessary to avoid serious injustice to the applicant.\n\t(4)\tAn application for the division of property may be made or continued by or against the legal personal representative of a deceased domestic partner.\n\t(5)\tHowever, an application against the legal personal representative of a deceased domestic partner may only relate to property that is undistributed at the date of the application.\n10—Power to make orders for division of property\n\t(1)\tOn an application for the division of property after the end of a domestic partnership, the court may make such orders as it considers necessary to divide between the domestic partners the property of either or both partners in a way that is just and equitable.\n\t(2)\tFor example, the court may make orders for—\n\t(a)\tthe transfer of property from one domestic partner to the other; or\n\t(b)\tthe sale of property and the division of the net proceeds between the domestic partners in proportions decided by the court; or\n\t(c)\tthe payment by one domestic partner of a lump sum to the other.\n11—Matters for consideration by court\n\t(1)\tIn deciding whether to make an order for the division of property under this Part, and if so the terms of the order, the court—\n\t(a)\tmust consider the financial and non-financial contributions made directly or indirectly by or on behalf of the domestic partners to—\n\t(i)\tthe acquisition, conservation or improvement of property of either or both partners; or\n\t(ii)\tthe financial resources of either or both partners; and\n\t(b)\tmust consider the contributions (including homemaking or parenting contributions) made by either of the domestic partners to the other partner or to children of the partners or either of them; and\n\t(c)\tmust have regard to the terms of any relevant domestic partnership agreement; and\n\t(d)\tmay have regard to other relevant matters.\n\t(2)\tIf a relevant domestic partnership agreement—\n\t(a)\tis a certified domestic partnership agreement; and\n\t(b)\tprovides for the exclusion of the court's power to set aside or vary the agreement,\nan order for the division of property under this Part must be consistent with the terms of the agreement.\n12—Duty of court to resolve all outstanding questions\nIn proceedings under this Part, the court must (as far as practicable) finally resolve questions about the division of property between the domestic partners and avoid further proceedings between them.\n13—Small claims\n\t(1)\tIf the aggregate amount claimed by the applicant on an application under this Part is $6 000 or less, the application is a minor statutory proceeding1.\n\t(2)\tTo ascertain the amount claimed by an applicant on an application under this Part, all monetary amounts and the value of interests in property claimed must be aggregated.\nNote—\n1\tA minor statutory proceeding includes a proceeding declared by statute to be a minor statutory proceeding. (See definition of minor statutory proceeding in section 3(1) of the Magistrates Court Act 1991.) The characterisation of a proceeding as a minor statutory proceeding means that (subject to certain rules stated in section 3 of the Magistrates Court Act 1991) the proceeding is to be dealt with under the special rules for minor civil actions prescribed in Division 2 of Part 5 of the Magistrates Court Act 1991.\nPart 4—Miscellaneous\n14—Transactions to defeat claims\n\t(1)\tIf a court is satisfied that a transaction has been entered into to defeat, or has the effect of defeating, an order, or an anticipated order, for the division of property, the court may set aside the transaction and give consequential orders and directions.\n\t(2)\tA court may grant an injunction to restrain a person from entering into a transaction that might defeat an order, or an anticipated order, for the division of property.\n\t(3)\tIn exercising its powers under this section, the court must have regard to all interests in the property to which the proceedings relate.\n14A—Restriction on publication of proceedings\n\t(1)\tA person must not publish, by radio, television, newspaper or in any other way—\n\t(a)\ta report of a proceeding, or part of a proceeding, under this Act that identifies or could tend to identify—\n\t(i)\ta party to the proceeding; or\n\t(ii)\ta witness in the proceeding; or\n\t(iii)\ta person who is related to, or associated with, a party to the proceedings or a witness in the proceeding, or is, or is alleged to be, in any other way concerned in the matter to which the proceeding relates; or\n\t(b)\ta list of proceedings under this Act identified by reference to the names of the parties to the proceedings.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(2)\tSubsection (1) does not apply in relation to—\n\t(a)\tthe communication, to persons concerned in proceedings in a court or tribunal established under a law of the Commonwealth or a State or Territory, of any pleading, transcript of evidence or other document for use in connection with those proceedings; or\n\t(b)\tthe communication of any pleading, transcript of evidence or other document to—\n\t(i)\ta body that is responsible for disciplining members of the legal profession; or\n\t(ii)\ta person concerned in disciplinary proceedings against a member of the legal profession before such a body; or\n\t(c)\tthe communication, to a body that grants legal aid, of any pleading, transcript of evidence or other document for the purpose of facilitating the making of a decision as to whether legal aid should be granted, continued or provided in a particular case; or\n\t(d)\tthe publishing of a report or notice in accordance with the direction of a court or tribunal established under a law of the Commonwealth or a State or Territory; or\n\t(e)\tthe publishing, under the authority of a court hearing proceedings under this Act, of a list of those proceedings identified by reference to the names of the parties to the proceedings; or\n\t(f)\tthe publishing of a report in a publication that—\n\t(i)\tis genuinely intended primarily for use by the members of a profession; and\n\t(ii)\tis a separate volume or part of a series of law reports or other publication of a technical nature; or\n\t(g)\tthe publishing of a report—\n\t(i)\tto a person who is a member of a profession, in connection with the practice by that person of that profession or in the course of any form of professional training in which that person is involved; or\n\t(ii)\tto an individual who is a party to any proceedings under this Act, in connection with the conduct of those proceedings; or\n\t(iii)\tto a person who is a student, in connection with the studies of that person.\n\t(3)\tAn offence against this section is an indictable offence.\n\t(4)\tProceedings for an offence against this section must not be commenced except by, or with the written consent of, the Director of Public Prosecutions.\n15—Protection of purchaser in good faith, for value and without notice of claim\nAn order or injunction under this Act cannot prejudice the interests of a person who acquires an interest in property of a domestic partner in good faith, for value, and without notice that the property may be the subject of an application under this Act.\n16—Non-exclusivity of remedies\nThis Act does not exclude other forms of remedy or relief.\n17—Regulations\nThe Governor may make regulations for the purposes of this Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nDe Facto Relationships Act 1996\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1996\n51\n De Facto Relationships Act 1996\n1.8.1996\n16.12.1996 (Gazette 28.11.1996 p1744)\n2001\n69\nStatutes Amendment (Courts and Judicial Administration) Act 2001\n6.12.2001\nPt 5 (ss 9—11)—3.2.2002 (Gazette 24.1.2002 p346)\n2004\n23\nStatutes Amendment (Courts) Act 2004\n8.7.2004\nPt 4 (s 7)—1.9.2004 (Gazette 26.8.2004 p3402)\n2006\n43\nStatutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 26 (ss 72—86)—1.6.2007 (Gazette 26.4.2007 p1352)\n2008\n9\nStatute Law Revision Act 2008\n17.4.2008\n17.4.2008\n2012\n43\nStatutes Amendment (Courts Efficiency Reforms) Act 2012\n22.11.2012\nPt 6 (ss 18 & 19)—1.7.2013 (Gazette 16.5.2013 p1541)\n2016\n67\nRelationships Register Act 2016\n15.12.2016\nSch 1 (cl 3)—1.8.2017 (Gazette 1.8.2017 p3038)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 43/2006 s 72\n1.6.2007\nPt 1\n\n\ns 1\namended by 43/2006 s 73\n1.6.2007\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.9.2004\ns 3\n\n\ns 3(1)\ns 3 redesignated as s 3(1) by 43/2006 s 74(5)\n1.6.2007\ncertificated agreement\ndeleted by 43/2006 s 74(1)\n1.6.2007\ncertified domestic partnership agreement\ninserted by 43/2006 s 74(1)\n1.6.2007\nchild\namended by 43/2006 s 74(2)\n1.6.2007\n\namended by 9/2008 s 2 (Sch 1)\n17.4.2008\nclose personal relationship\ninserted by 43/2006 s 74(3)\n1.6.2007\n\namended by 67/2016 Sch 1 cl 3(1)\n1.8.2017\ncourt\namended by 69/2001 s 9\n3.2.2002\n\namended by 43/2012 s 18\n1.7.2013\nde facto partner\ndeleted by 43/2006 s 74(4)\n1.6.2007\nde facto relationship\ndeleted by 43/2006 s 74(4)\n1.6.2007\ndomestic partner\ninserted by 43/2006 s 74(4)\n1.6.2007\n\nsubstituted by 67/2016 Sch 1 cl 3(2)\n1.8.2017\ndomestic partnership agreement\ninserted by 43/2006 s 74(4)\n1.6.2007\nregistered relationship\ninserted by 67/2016 Sch 1 cl 3(3)\n1.8.2017\ns 3(2)\ninserted by 43/2006 s 74(5)\n1.6.2007\ns 4\nsubstituted by 43/2006 s 75\n1.6.2007\nPt 2\nheading substituted by 43/2006 s 76\n1.6.2007\ns 5\nsubstituted by 43/2006 s 77\n1.6.2007\ns 6\namended by 43/2006 s 78\n1.6.2007\ns 7\n\n\ns 7(1)\namended by 43/2006 s 79(1)\n1.6.2007\ns 7(2)\nsubstituted by 43/2006 s 79(2)\n1.6.2007\ns 8\n\n\ns 8(1)\namended by 43/2006 s 80(1)\n1.6.2007\ns 8(2)\namended by 43/2006 s 80(2)\n1.6.2007\ns 8(3)\namended by 43/2006 s 80(3), (4)\n1.6.2007\nPt 3\n\n\ns 9\n\n\ns 9(1)\nsubstituted by 43/2006 s 81(1)\n1.6.2007\ns 9(2)\namended by 43/2006 s 81(2), (3)\n1.6.2007\ns 9(3)—(5)\namended by 9/2008 s 2 (Sch 1)\n17.4.2008\ns 10\n\n\ns 10(1)\nsubstituted by 43/2006 s 82(1)\n1.6.2007\ns 10(2)\namended by 43/2006 s 82(2)\n1.6.2007\ns 11\n\n\ns 11(1)\namended by 43/2006 s 83(1), (2)\n1.6.2007\ns 11(2)\namended by 43/2006 s 83(3), (4)\n1.6.2007\ns 12\namended by 43/2006 s 84\n1.6.2007\ns 13\n\n\ns 13(1)\namended by 69/2001 s 10\n3.2.2002\nPt 4\n\n\ns 14A\ninserted by 23/2004 s 7\n1.9.2004\ns 15\namended by 43/2006 s 85\n1.6.2007\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Courts and Judicial Administration) Act 2001\n11—Transitional provision\nThe amendments made to the principal Act by this Part—\n\t(a)\tdo not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and\n\t(b)\tapply in respect of proceedings commenced after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).\nStatutes Amendment (Domestic Partners) Act 2006\n86—Transitional provision\nAfter the commencement of this section, a reference to a cohabitation agreement or a certificated agreement will, where the context so admits or requires, be taken to be a reference to a domestic partnership agreement or a certified domestic partnership agreement.\nStatutes Amendment (Courts Efficiency Reforms) Act 2012\n19—Transitional provision\nThe amendment made to the Domestic Partners Property Act 1996 by this Part—\n\t(a)\tdoes not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and\n\t(b)\tapplies in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).\nHistorical versions\nReprint No 1—3.2.2002\n\n1.9.2004\n\n1.6.2007\n\n17.4.2008\n\n1.7.2013\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act's scope has been altered from its original 1996 form. The legislative history shows it began as the De Facto Relationships Act 1996 and has been amended multiple times. Key scope changes include replacement of the earlier \"de facto\" terminology with broader definitions such as \"domestic partner\" and \"close personal relationship\" (amendments recorded at 43/2006), and the addition of \"registered relationship\" following the Relationships Register Act 2016 (see \"Formerly De Facto Relationships Act 1996\" and amendment entries). The 2006 amendments also introduced the certified domestic partnership agreement concept (s 3(2)) and substituted several substantive provisions (see amendment notes for ss 3, 5–11), expanding and modifying who is covered and how agreements are treated."},"complexity_factors":["Multiple definitional tests (\"domestic partner\", \"close personal relationship\", \"registered relationship\") that determine eligibility (s 3)","Dual pathways: contractual enforcement of written agreements (ss 5–7, s 6) alongside broad court discretion to set aside or vary agreements (s 8)","Certified agreement regime requiring asset-disclosure warranty and separate lawyer certificates, with different legal effects (s 3(2), ss 7(2), 11(2))","Jurisdictional and monetary thresholds (court choice by value, small-claims aggregation threshold $6,000, residency and minimum-duration requirements) that affect forum and procedure (s 3, ss 9, 13)","Significant judicial discretion over \"just and equitable\" divisions and time extensions for \"serious injustice\" (ss 10, 11, 9(3))","Non-legal enforcement elements: power to set aside defeat transactions and injunctions (s 14) and a publication ban with criminal penalties and DPP control over prosecutions (s 14A)"],"plain_english_summary":"# What this law does\n\nThis Act sets out a legal framework for how property is dealt with when a domestic partnership ends. Its stated purpose is to \"facilitate the resolution of property disputes arising on the termination of domestic partnerships\" (long title). Mechanically, it does three things:\n\n- Recognises and enforces written agreements between partners about property and related financial matters (\"domestic partnership agreements\") and allows parties to vary or revoke them in certain ways (ss 5–7).\n- Gives courts power to divide property between partners after a relationship ends and lists how the court should make those decisions (ss 9–12).\n- Provides additional powers and limits that affect enforcement and publicity of proceedings (ss 14, 14A, 15).\n\n# Who is covered and who decides\n\n- \"Domestic partners\" includes people in registered relationships and people living in a \"close personal relationship\" (s 3). The definitions section sets out what counts as a child, what counts as a close personal relationship and what courts can hear these matters (s 3).  \n- Either partner can apply to court for a property division after the partnership ends (s 9(1)). The court (Supreme, District or Magistrates depending on value and the Act's thresholds) makes final orders (s 3, s 10).  \n\n# How the law works for agreements\n\n- Partners may make a written and signed domestic partnership agreement (s 5). Such agreements are enforceable as contracts (s 6).  \n- The Act creates a stronger class called a \"certified domestic partnership agreement\" which must contain a warranty of asset disclosure and be accompanied by separate lawyer's certificates for each party (s 3(2)). Certified agreements can include a clause excluding the court's power to set them aside; if they do and meet the certification rules the court must give effect to them (ss 7(2), 8(3), 11(2)).  \n\n# How the law works for court-ordered divisions\n\n- An application for division can be made only if residency and relationship-duration criteria are met (s 9(2)), generally within one year of the partnership ending unless the court extends the time to avoid \"serious injustice\" (s 9(3)).  \n- The court may make orders to transfer property, order sale and split proceeds, or require a lump sum payment, and must divide property in a way it considers \"just and equitable\" (s 10).  \n- When deciding terms the court must consider financial and non-financial contributions (including homemaking and parenting), relevant domestic partnership agreements and any other relevant matters (s 11). The court also has a duty to resolve outstanding questions to avoid repeated litigation (s 12).  \n\n# Other enforcement and protection measures\n\n- The court may set aside transactions entered into to defeat existing or anticipated orders and may grant injunctions to stop such transactions (s 14).  \n- Purchasers who acquire property in good faith for value and without notice of a claim are protected from orders under this Act (s 15).  \n- There is a publication restriction on proceedings that might identify parties, witnesses or related persons, backed by an indictable offence penalty (s 14A). Proceedings for that offence may only be started with the Director of Public Prosecutions' written consent (s 14A(4)).  \n\n# Stated rationale and practical trade-offs\n\n- The Act's stated aim is to facilitate resolution of disputes at the end of domestic partnerships (long title). That objective is implemented by providing contractual recognition for pre-agreed arrangements (ss 5–7) and by giving courts broad powers to divide property and prevent asset transfers that would defeat claims (ss 10, 14).  \n\n- Costs and incentives: certified agreements create a compliance cost (lawyer involvement and an express asset-disclosure warranty) in exchange for greater finality (ss 3(2), 11(2)). Parties seeking certainty will pay for certification; parties who do not certify retain the ability to have agreements set aside by courts for \"serious injustice\" (s 8).  \n\n- Behavioural effects and private choice: the Act preserves freedom to contract (s 6) but limits it by giving courts power to vary or set aside agreements in particular circumstances (s 8). Certified agreements can reduce court intervention where they meet the statutory form and disclosure requirements (ss 3(2), 11(2)).  \n\n- Compliance and administrative burdens: making a certified agreement requires legal advice and separate lawyer certificates (s 3(2)), and there are timing, residency and duration thresholds to qualify for court proceedings (s 9(2)–(3)).  \n\n- Discretion and implementation risk: the court has broad discretion to determine what is \"just and equitable\", to extend time limits to avoid \"serious injustice\", and to set aside transactions that defeat orders (ss 8, 9(3), 14). That discretion enables case-by-case fairness but also creates uncertainty about predictable outcomes.  \n\n- Concentrated benefits and diffuse costs: parties who can afford legal certification obtain greater contractual finality (ss 3(2), 11(2)), while smaller or less-resourced parties may rely more on court remedies and face the costs and uncertainty of litigation (ss 6–8, 9–11).  \n\n# Practical thresholds and limits to note\n\n- Time: most applications must be made within one year after the relationship ends unless extended to avoid \"serious injustice\" (s 9(3)).  \n- Relationship length or children: the Act requires the partnership to have lasted at least three years or there to be a child of the partners for division proceedings generally to be available (s 9(2)(c)).  \n- Monetary small-claims treatment: aggregated claims of $6,000 or less are treated as minor statutory proceedings under the Magistrates Court regime (s 13).  \n\nOverall, the Act sets out a mixed regime of contractual recognition and judicial power: it encourages up-front, certified agreements for certainty (at a legal-cost premium), while preserving court powers to alter or divide property where justice requires it and placing limits on publicity and on transactions designed to frustrate orders (ss 3–15)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has significantly expanded beyond its original scope. Originally enacted as the De Facto Relationships Act 1996, it applied only to heterosexual de facto couples (man and woman living together as husband and wife). The 2006 amendments renamed it and expanded coverage to 'close personal relationships' regardless of gender or sexual orientation. The 2016 amendments further expanded it to include registered relationships. The law now covers: (1) heterosexual and same-sex de facto couples, (2) registered relationships, and (3) couples who may not be sexually intimate but live together on a 'genuine domestic basis.' The definition of 'child' has also broadened. This represents a shift from protecting a specific traditional relationship type to a broader, more inclusive framework capturing diverse domestic arrangements."},"complexity_factors":["Multiple defined terms in section 3 (11 key definitions including nested definitions for 'domestic partner' and 'close personal relationship')","Conditional logic throughout: e.g., certified agreements have different rules for variation (s 7(2)) and exclusion of court powers (s 8(3))","Cross-references to other legislation: Relationships Register Act 2016, Magistrates Court Act 1991, and general contract law","Jurisdictional thresholds requiring aggregation of claims to determine court venue (s 9(2)) and small claims status (s 13)","Temporal limitations with discretionary override: 1-year limitation period with 'serious injustice' exception (s 9(3))","Nested exceptions in Part 4: s 14A has 7 specific exceptions to the general publication prohibition","Transitional provisions affecting application to relationships that ended before commencement dates (s 4)"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's law for dividing property when unmarried couples (including same-sex couples) break up. It gives former \"domestic partners\" a way to sort out who gets what after their relationship ends — similar to how married couples use family law, but through state courts instead.\n\n**Who it affects:**\n\n* **Domestic partners** — people in \"close personal relationships\" (couples living together on a genuine domestic basis, regardless of gender) or registered relationships under the Relationships Register Act 2016\n* **Former domestic partners** — including those about to enter or who have left such relationships\n* **Their children** — defined broadly to include natural children, children where paternity is presumed, and adopted children\n\n**Key things the law covers:**\n\n* **Binding agreements** — Couples can make written agreements (like pre-nups) about how to divide property if they split. These are called \"domestic partnership agreements.\" If properly certified by separate lawyers for each person, they're much harder to overturn.\n* **Court-ordered property division** — If there's no agreement or it's unfair, either partner can ask a court to divide property \"justly and equitably.\" Courts look at financial contributions, homemaking, parenting, and any agreement between the parties.\n* **Time limits** — You must apply within one year of the relationship ending, unless the court grants an extension to avoid serious injustice.\n* **Stopping sneaky moves** — Courts can undo transactions (like selling the house to a mate) done to defeat property claims.\n* **Privacy** — It's a criminal offence (up to $10,000 fine or 2 years jail) to publish details identifying people in these proceedings, with limited exceptions for legal professionals and law reports.\n\n**Why it matters:**\n\nBefore this law, unmarried couples in South Australia had no clear way to claim property rights when relationships ended. This provides a structured, fair process — but only if you meet the criteria (living together at least 3 years or having a child together, plus residency requirements). It recognises that modern relationships come in many forms and deserve legal protection when they end."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. No content was available to compare against any original or amended intent. The Act's title suggests a focused, specific purpose — property rights for domestic partners — which is a well-defined area of law, but no conclusions can be drawn about scope changes without the actual text."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the Act's title and publicly known general purpose, not its actual provisions","Complexity cannot be meaningfully assessed without access to the Act's sections, definitions, and operative provisions","Score of 2 reflects the inherent complexity of property adjustment law generally, not this specific Act"],"plain_english_summary":"**What happened here?**\n\nThe link provided did not successfully load the actual text of South Australia's *Domestic Partners Property Act 1996*. Instead, it returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a broken or outdated URL following a website update in March 2026.\n\n**What is known about this Act?**\n\nBased on its title, the *Domestic Partners Property Act 1996* (SA) is a South Australian law that deals with how **property is divided between domestic partners** (people who live together in a committed relationship but are not married) when their relationship breaks down. It gives courts the power to make orders adjusting who owns what — similar to how the *Family Law Act 1975* handles property splits for married couples at the federal level.\n\n**Who does it affect?**\n\nIt primarily affects South Australians who:\n- Live together in a domestic relationship (de facto couples)\n- Are separating and cannot agree on how to divide shared property or assets\n- May have contributed financially or in other ways (e.g. raising children, unpaid household work) during the relationship\n\n**Why does it matter?**\n\nWithout a law like this, a partner who never held legal title to a home or asset could walk away with nothing, even after years of contribution. This Act provides a legal safety net.\n\n⚠️ **Important:** The actual legislative text could not be retrieved and analysed. This summary is based on the Act's known title and general purpose only. For accurate and current information, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/domestic-partners-property-act-1996","history":"/api/acts/domestic-partners-property-act-1996/history","analysis":"/api/acts/domestic-partners-property-act-1996/analysis","conflicts":"/api/acts/domestic-partners-property-act-1996/conflicts","importantCases":"/api/acts/domestic-partners-property-act-1996/important-cases","documents":"/api/acts/domestic-partners-property-act-1996/documents"}}