{"id":"a-1994-28","name":"Domestic Relationships Act 1994","slug":"domestic-relationships-act-1994","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"28 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23422,"registerId":"act-a-1994-28-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Domestic Relationships Act 1994","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nDomestic Relationships Act 1994\nA1994-28\nRepublication No 17\nEffective: 23 February 2026\nRepublication date: 23 February 2026\nLast amendment made by A2026-4\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Domestic Relationships Act 1994 (including any amendment made\nunder the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 February 2026.\nIt also includes any commencement, amendment, repeal or expiry affecting this republished law\nto 23 February 2026.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M appears\nimmediately before the provision heading. The text of the modifying provision appears in the\nendnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nDomestic Relationships Act 1994\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n2A Notes 2\n3 Meaning of domestic relationship 2\n3A Termination agreements 3\n4 Application of Act 4\n5 Other relief or remedies not affected 4\nPart 2 Mediation and arbitration\n6 Advice about facilities 5\n7 Conciliation 5\n\nContents\nPage\ncontents 2 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Referral of matters for mediation or arbitration 5\n9 Admissions made to mediators 6\nPart 3 Adjustment of property interests and\nmaintenance\nDivision 3.1 Preliminary\n10 Institution of proceedings 7\n11 Prerequisite for relief—residence etc 7\n12 Prerequisite for relief—length of relationship etc 8\n13 Time limit for making applications 9\n14 Court to end financial relations 9\nDivision 3.2 Adjustment of property interests\n15 Property orders 9\n16 Deferment of order 10\n17 Death of party—effect on proceedings 10\nDivision 3.3 Maintenance\n18 No general right to maintenance 10\n19 Maintenance orders 11\n20 Interim maintenance 12\n21 Death of party—effect on application 12\n22 Periodic maintenance orders—duration 12\n23 Periodic maintenance orders—variation etc 13\n24 Periodic maintenance orders—cessation 14\nDivision 3.4 General\n25 Court orders etc 15\n26 Execution of instruments by order of court 16\n27 Urgent orders etc in the absence of a party 16\n28 Variation and setting aside of orders 17\n29 Transactions to defeat claims 18\n30 Interests of other parties 18\nPart 4 Domestic relationship agreements and\ntermination agreements\n31 Meaning of agreement for pt 4 19\n\nContents\nPage\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n32 Validity of agreements 19\n33 Effect of agreements in proceedings under pt 3 19\n34 Variation etc of agreements 20\n35 Revocation etc of agreements 20\n36 Death of party—effect on periodic maintenance under agreement 21\n37 Death of party—transfer of property and lump sum payments under\nagreement 21\nPart 4A Civil partnerships\nDivision 4A.1 General\n37A Definitions—pt 4A 22\n37B Civil partnerships—general 22\nDivision 4A.2 Eligibility for entering into civil partnership\n37C Eligibility criteria 22\nDivision 4A.3 Entering into civil partnership\n37D How civil partnership is entered into 23\n37E Application for registration 23\n37F Decision on application 24\n37G When civil partnership has effect 25\nDivision 4A.4 Ending civil partnership\n37H How civil partnership ends 25\n37I Ending civil partnership by parties 25\n37J Order that termination notice not effective 27\n37K Ending civil partnership by court order 28\nDivision 4A.5 Other matters\n37L Void civil partnerships 28\n37M Evidence of identity and age 29\n37N Personal service of termination and withdrawal notices 29\n37O If personal service impracticable or impossible 30\n37P Civil partnerships under corresponding laws 31\nPart 4B Notification and review of decisions\n37Q Meaning of reviewable decision—pt 4B 32\n37R Reviewable decision notices 32\n\nContents\nPage\ncontents 4 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n37S Applications for review 32\nPart 5 Miscellaneous\n38 Declarations—existence of domestic relationship 33\n39 Annulment of declaration 33\n40 Declarations—interests in property 34\n40A Determination of fees 34\n40B Approved forms 34\n41 Regulation-making power 34\nSchedule 1 Reviewable decisions 35\nDictionary 36\nEndnotes\n1 About the endnotes 39\n2 Abbreviation key 39\n3 Legislation history 40\n4 Amendment history 43\n5 Earlier republications 51\n\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nDomestic Relationships Act 1994\nAn Act to make provision with respect to certain domestic relationships\n\nPart 1 Preliminary\nSection 1\npage 2 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Domestic Relationships Act 1994.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘agreement, for part 4 (Domestic\nrelationship agreements and termination agreements)—see section 31.’\nmeans that the term ‘agreement’ is defined in that section for part 4.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n2A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.\n3 Meaning of domestic relationship\n(1) In this Act:\ndomestic relationship means a personal relationship between 2 adults\nin which one provides personal or financial commitment and support\nof a domestic nature for the material benefit of the other and includes\na domestic partnership but does not include a legal marriage.\nNote For the meaning of domestic partnership, see the Legislation Act, s 169.\nIt includes a civil union and a civil partnership.\n\nPreliminary Part 1\nSection 3A\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) For subsection (1)—\n(a) a personal relationship may exist between people although they\nare not members of the same household; and\n(b) a personal relationship is not taken to exist between people only\nbecause one of them provides a service for the other—\n(i) for fee or reward; or\n(ii) on behalf of another person (including a government or\nbody corporate); or\n(iii) on behalf of an organisation the principal objects or\npurposes of which are charitable or benevolent.\n3A Termination agreements\n(1) In this Act:\ntermination agreement means—\n(a) an agreement between 2 people that—\n(i) is made in contemplation of terminating a domestic\nrelationship that exists between them or after the\ntermination of a domestic relationship between them; and\n(ii) makes provision with respect to financial matters; or\n(b) such an agreement that varies a domestic relationship agreement\nor termination agreement;\nregardless of when it is made, whether there are other parties or\nwhether it makes provision about non-financial matters.\n(2) However, a termination agreement is taken to be a domestic\nrelationship agreement if—\n(a) the termination agreement is made in contemplation of the\ntermination of a domestic relationship; and\n\nPart 1 Preliminary\nSection 4\npage 4 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the relationship is not terminated within 3 months after the day\non which the agreement is made.\n4 Application of Act\nThis Act does not apply in relation to—\n(a) a domestic relationship that ceased before the commencement\nday; or\n(b) a person to the extent that he or she was a party to such a\nrelationship.\n5 Other relief or remedies not affected\nNothing in this Act affects any right of a party to a domestic\nrelationship to any remedy or relief under any other Act or law.\n\nMediation and arbitration Part 2\nSection 6\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Mediation and arbitration\n6 Advice about facilities\n(1) On request by—\n(a) a party to a domestic relationship; or\n(b) a party to proceedings under this Act;\nthe registrar of a court must, as far as practicable, advise the person\nabout any mediation or arbitration facilities available in the court or\nelsewhere in relation to matters with respect to which proceedings\ncould be instituted under this Act, and how those facilities are made\navailable.\n(2) In subsection (1):\nregistrar includes a deputy registrar.\n7 Conciliation\nIf proceedings under this Act have been instituted, it is the duty of the\ncourt and each lawyer representing a party to the proceedings, as far\nas practicable—\n(a) to allow the parties to settle the matters in dispute; and\n(b) to encourage the parties to seek the assistance of the mediation\nand arbitration facilities referred to in section 6.\n8 Referral of matters for mediation or arbitration\n(1) A court may refer any of the matters in dispute in proceedings before\nit to a mediator.\n(2) A court may refer proceedings before it, or any part of them or any\nmatter arising in them, to an arbitrator.\n\nPart 2 Mediation and arbitration\nSection 9\npage 6 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Admissions made to mediators\nEvidence of anything said, or of any admission made, at a conference\nconducted by a mediator under a referral under section 8 (1) is not\nadmissible in proceedings in a court or before a tribunal or person\nhaving authority under a law in force in the ACT, or by consent of\nparties, to hear evidence.\n\nAdjustment of property interests and maintenance Part 3\nPreliminary Division 3.1\nSection 10\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Adjustment of property interests\nand maintenance\nDivision 3.1 Preliminary\n10 Institution of proceedings\n(1) Subject to subsection (2), proceedings under this Act may be\ninstituted in—\n(a) the Supreme Court; or\n(b) the Magistrates Court.\n(2) Unless the parties agree and the Magistrates Court thinks it is\ndesirable to do so, that court does not have jurisdiction to hear and\ndecide proceedings under this Act if—\n(a) the amount claimed (whether initially or as reduced by payment,\nadmitted set-off or otherwise) exceeds the jurisdictional limit of\nthe court; or\n(b) the proceedings relate to a declaration in relation to title or right\nto property and the value of the property, or of the right to it,\nexceeds the jurisdictional limit of the court.\n(3) In subsection (2):\njurisdictional limit means the maximum amount that may be claimed\nin a personal action at law that the Magistrates Court has jurisdiction\nto hear and decide under the Magistrates Court Act 1930.\n11 Prerequisite for relief—residence etc\n(1) A court must not make an order under this part unless it is satisfied—\n(a) that either or both of the parties to the domestic relationship were\nresident in the ACT on the day on which the application for the\norder was made; and\n\nPart 3 Adjustment of property interests and maintenance\nDivision 3.1 Preliminary\nSection 12\npage 8 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) that—\n(i) both parties to the relationship have resided in the ACT for\nat least 1/3 of the period of their relationship; or\n(ii) substantial contributions of the kind referred to in\nsection 15 (1) (b) or (c) have been made in the ACT by the\napplicant.\n(2) If the court is so satisfied, it may make or refuse to make an order\nunder this part because of facts and circumstances even though they,\nor some of them, took place before the commencement day or outside\nthe ACT.\n12 Prerequisite for relief—length of relationship etc\n(1) A court must not make an order under this part in relation to a\ndomestic relationship (other than a civil union or civil partnership)\nunless satisfied that the domestic relationship has existed between the\napplicant and respondent for not less than 2 years.\n(2) However, if the court is not so satisfied, it may make an order under\nthis part if it is satisfied that—\n(a) there is a child of the parties to the relationship; or\n(b) the applicant—\n(i) has made substantial contributions of the kind referred to\nin section 15 (1) (b) or (c) for which the applicant would\notherwise not be adequately compensated if the order were\nnot made; or\n(ii) has the care and control of a child of the respondent;\nand that the failure to make the order would result in serious\ninjustice to the applicant.\n\nAdjustment of property interests and maintenance Part 3\nAdjustment of property interests Division 3.2\nSection 13\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13 Time limit for making applications\n(1) An application for an order under this part by a party to a domestic\nrelationship that has ended must not be made more than 2 years after\nthe day on which the relationship ended.\n(2) A court may grant leave to a person to apply for an order under this\npart after the end of the period referred to in subsection (1) if it is\nsatisfied that greater hardship would be caused to the applicant if\nleave were refused than would be caused to the respondent if leave\nwere granted.\n14 Court to end financial relations\nAs far as practicable, a court must make orders under this part that\nwill end the financial relationship between the parties to the domestic\nrelationship and avoid further proceedings between them.\nDivision 3.2 Adjustment of property interests\n15 Property orders\n(1) On application by a party to a domestic relationship, a court may\nmake an order adjusting the interests in the property of either or both\nof the parties that seems just and equitable to it having regard to—\n(a) the nature and duration of the relationship; and\n(b) the financial or non-financial contributions made directly or\nindirectly by or on behalf of either or both of the parties to the\nacquisition, conservation or improvement of any of the property\nor financial resources of either or both of them; and\n(c) the contributions (including any in the capacity of homemaker\nor parent) made by either of the parties to the welfare of the other\nor any child of the parties; and\n\nPart 3 Adjustment of property interests and maintenance\nDivision 3.3 Maintenance\nSection 16\npage 10 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) the matters referred to in section 19 (2), as far as they are\nrelevant; and\n(e) such other matters (if any) as the court considers relevant.\n(2) A court may make an order under subsection (1) whether or not it has\ndeclared the title or rights of a party in respect of the property.\n16 Deferment of order\nIf a court is satisfied that a party to a domestic relationship is likely\nto become entitled soon to property that may be applied in satisfaction\nof an order under this part, it may defer the operation of the order until\na date, or the occurrence of an event, specified in the order.\n17 Death of party—effect on proceedings\nIf a party to proceedings under this division dies before the\nproceedings are completed and the proceedings are continued by or\nagainst the legal personal representative of the deceased party, a court\nmay make an order under this division if it is of the opinion that—\n(a) it would have adjusted interests in respect of the property but for\nthe death; and\n(b) despite the death, it is still appropriate to adjust those interests.\nDivision 3.3 Maintenance\n18 No general right to maintenance\nExcept as otherwise provided by this division, a party to a domestic\nrelationship is not liable to maintain the other party to the relationship.\n\nAdjustment of property interests and maintenance Part 3\nMaintenance Division 3.3\nSection 19\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19 Maintenance orders\n(1) On an application by a party to a domestic relationship, a court may\norder the other party to the relationship to pay an amount, or periodic\namounts, by way of maintenance to the applicant if it is satisfied\nthat—\n(a) the applicant is unable to support himself or herself adequately\nbecause of having the care and control of a child of the parties,\nor a child of the other party, who, on the day on which the\napplication is made, has not attained the age of—\n(i) 12 years; or\n(ii) if the child has a physical or mental disability—16 years;\nor\n(b) the applicant is unable to support himself or herself adequately\nbecause the applicant’s earning capacity has been adversely\naffected by the circumstances of the relationship and the court is\nsatisfied that—\n(i) an order for maintenance would increase the applicant’s\nearning capacity by enabling the applicant to undertake a\ncourse or program of training or education; and\n(ii) it is reasonable to make the order, having regard to all the\ncircumstances of the case.\n(2) In exercising a power under subsection (1), a court must have regard\nto—\n(a) the income, property and financial resources of each party; and\n(b) the physical and mental capacity of each party for appropriate\ngainful employment; and\n(c) the financial needs and obligations of each party; and\n(d) the responsibilities of either party to support any other person;\nand\n\nPart 3 Adjustment of property interests and maintenance\nDivision 3.3 Maintenance\nSection 20\npage 12 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) the terms of any order made or proposed to be made under\nsection 15 with respect to the property of either or both of the\nparties; and\n(f) any payments made to the applicant, under an order of a court\nor otherwise, in respect of the maintenance of a child or children.\n(3) In making an order for maintenance, a court must ensure that the\nterms of the order will, as far as practicable, preserve any entitlement\nof the applicant to a pension, allowance or benefit.\n20 Interim maintenance\nIf a court is satisfied that an applicant for an order under this part is\nin immediate need of financial assistance, but it is not practicable in\nthe circumstances to determine immediately what order (if any)\nshould be made, the court may order the other party to the domestic\nrelationship to pay to the applicant such periodic or other amounts as\nthe court considers reasonable, until the application is determined.\n21 Death of party—effect on application\nProceedings on an application for an order under this division may\nnot be continued after the death of either party to the domestic\nrelationship.\n22 Periodic maintenance orders—duration\n(1) Subject to subsections (2), (3) and (4) and sections 23 and 24, an order\nfor periodic maintenance has effect for the period ascertained in\naccordance with the order.\n(2) An order for periodic maintenance in respect of a child, based solely\non the ground specified in section 19 (1) (a), must not be made in\nrespect of a period after the child attains the age of—\n(a) 12 years; or\n(b) if the child has a physical or mental disability—16 years.\n\nAdjustment of property interests and maintenance Part 3\nMaintenance Division 3.3\nSection 23\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) An order for periodic maintenance based solely on the ground\nspecified in section 19 (1) (b) must not be made in respect of a period\nafter—\n(a) the expiration of the period of 3 years commencing on the date\nof the order; or\n(b) the expiration of the period of 4 years commencing on the date\non which the parties to the domestic relationship ended, or last\nended, their relationship;\nwhichever occurs sooner.\n(4) An order for periodic maintenance based on the grounds specified in\nsection 19 (1) (a) and (b) must have effect for a period determined by\nthe court, not exceeding the period permissible under subsection (2)\nor (3), whichever is longer.\n23 Periodic maintenance orders—variation etc\n(1) On application by a person in respect of whom an order for periodic\nmaintenance has been made, a court may—\n(a) subject to subsection (2), discharge the order; or\n(b) suspend the operation of the order, wholly or in part, for a\nspecified period or until a specified time or event; or\n(c) revoke a suspension under paragraph (b), wholly or in part; or\n(d) subject to subsection (2) and sections 19, 22 and 24, vary the\norder.\n(2) A court must not discharge the order, or vary the amount of\nmaintenance ordered to be paid, unless it is satisfied that, since the\norder was made, or last varied—\n(a) the circumstances of either party have so changed; or\n(b) the cost of living has changed to such an extent;\nas to justify it doing so.\n\nPart 3 Adjustment of property interests and maintenance\nDivision 3.3 Maintenance\nSection 24\npage 14 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) For subsection (2) (b), a court must have regard to any changes that\nhave occurred since the order was made or last varied in—\n(a) the consumer price index (all groups index) issued by the\nAustralian statistician; or\n(b) if the regulations prescribe a group of numbers or amounts\nissued by the Australian statistician that relate to the price of\ngoods and services (other than the group set out in that index)—\nthe prescribed group.\n(4) In considering the variation of an order, a court must not have regard\nto a change in the cost of living unless at least 12 months have elapsed\nsince the order was made or last varied having regard to a change in\nthe cost of living.\n(5) An order decreasing the amount of a periodic sum payable under an\norder may be expressed to be retrospective to such date as the court\nthinks fit.\n24 Periodic maintenance orders—cessation\n(1) An order for periodic maintenance ceases to have effect, to the extent\nthat it relates to the maintenance of a child by virtue of section 19 (1)\n(a), on the expiration of the day on which the person in whose favour\nthe order was made ceases to have the care and control of the child.\n(2) An order for periodic maintenance ceases to have effect on the death\nof either party to the domestic relationship.\n(3) The cessation of an order does not affect the recovery of arrears of\nmaintenance due when the order ceased to have effect.\n\nAdjustment of property interests and maintenance Part 3\nGeneral Division 3.4\nSection 25\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.4 General\n25 Court orders etc\nFor this Act but without limiting the other provisions of this part,\na court may—\n(a) order the transfer of property; or\n(b) order the sale of property and the distribution of the proceeds of\nsale in such proportions as it thinks fit; or\n(c) order that any necessary deed or instrument be executed and that\ndocuments of title be produced or other things be done to enable\nan order to be carried out effectively or to provide security for\nthe due performance of an order; or\n(d) order payment of a lump sum, whether in 1 amount or by\ninstalments; or\n(e) order payment of a periodic sum; or\n(f) order that payment of any sum ordered to be paid be wholly or\npartly secured in such manner as the court directs; or\n(g) appoint or remove trustees; or\n(h) make an order or grant an injunction—\n(i) to protect, or otherwise relating to, the property or financial\nresources of either or both of the parties to the relationship;\nor\n(ii) to aid enforcement of any other order made in respect of an\napplication; or\n(i) impose terms and conditions; or\n(j) make an order by consent; or\n(k) make an order in the absence of a party; or\n\nPart 3 Adjustment of property interests and maintenance\nDivision 3.4 General\nSection 26\npage 16 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(l) make any other order or grant any other injunction (whether or\nnot of the same nature as those mentioned in paragraphs (a) to\n(k)) that it considers is necessary to do justice.\n26 Execution of instruments by order of court\n(1) If—\n(a) a person fails to comply with an order directing the person to\nexecute a deed or an instrument; or\n(b) for any other reason, a court thinks it necessary to do so;\nthe court may appoint an officer of the court or other person to\nexecute the deed or instrument in the name of the firstmentioned\nperson and to do all acts and things necessary to give effect to the\ndeed or instrument.\n(2) The execution of the deed or instrument by the person so appointed\nhas the same effect as if it had been executed by the person directed\nby the order to execute it.\n(3) A court may make such order as it thinks just as to the payment of the\ncosts and expenses of, and incidental to, the preparation and\nexecution of the deed or instrument.\n27 Urgent orders etc in the absence of a party\n(1) In a case of urgency, a court may—\n(a) make an order under section 20; or\n(b) make an order or grant an injunction referred to in\nsection 25 (h);\nin the absence of a party.\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\nAdjustment of property interests and maintenance Part 3\nGeneral Division 3.4\nSection 28\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A court must not make an order or grant an injunction on an\napplication that is not in writing unless it considers that it is necessary\nto do so because of the extreme urgency of the case.\n(4) A court may give directions with respect to the filing, serving and\nfurther hearing of a written application.\n(5) An order made or injunction granted on an application under this\nsection must be expressed to operate or apply until a specified time\nor the further order of the court.\n(6) A court may give directions with respect to—\n(a) the service of the order or injunction and any other documents it\nthinks fit; and\n(b) the hearing of an application for a further order.\n28 Variation and setting aside of orders\nIf, on the application of a person in respect of whom an order under\nsection 15 or 19 is in force, a court is satisfied that—\n(a) there has been a miscarriage of justice because of fraud, duress,\nsuppression of evidence, the giving of false evidence or any\nother circumstance; or\n(b) in the circumstances that have arisen since the order was made,\nit is impracticable for the order, or a part of the order, to be\ncarried out; or\n(c) a person has defaulted in carrying out an obligation imposed by\nthe order and, in the circumstances that have arisen as a result of\nthat default, it is just and equitable to vary the order or set it aside\nand make a substitute;\nthe court may vary the order or set it aside and, if it thinks fit, make\nanother order under this part in substitution for the order.\n\nPart 3 Adjustment of property interests and maintenance\nDivision 3.4 General\nSection 29\npage 18 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n29 Transactions to defeat claims\n(1) On an application for an order under this part, a court may set aside\nor restrain the making of an instrument or a disposition of property\nby, or on behalf of or in the interest of, a party that is made or\nproposed to be made to defeat an existing or anticipated order relating\nto the application, or which, irrespective of intention, is likely to\ndefeat any such order.\n(2) The court may, without limiting the operation of section 25, order that\nany property dealt with by the instrument or disposition may be taken\nin execution of, or used or applied in, or charged with, the payment\nof any sum payable under an order under this part or for costs as the\ncourt directs, or that the proceeds of a sale must be paid into court to\nawait its order.\n(3) The court may order a person who acts in collusion with a party in\nrelation to the making of the instrument or disposition to pay the costs\nof any other party or of a purchaser in good faith or other interested\nperson in relation to the instrument or disposition or the setting aside\nor restraining of the instrument or disposition.\n30 Interests of other parties\nIn the exercise of a power under this part, a court must have regard to\nthe interests, and must make any order proper for the protection, of a\npurchaser in good faith or other interested person.\n\nDomestic relationship agreements and termination agreements Part 4\nSection 31\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Domestic relationship\nagreements and termination\nagreements\n31 Meaning of agreement for pt 4\nIn this part:\nagreement means a domestic relationship agreement or a termination\nagreement.\n32 Validity of agreements\n(1) Except as otherwise provided by this part, an agreement is subject to,\nand enforceable in accordance with, the law of contract.\n(2) Nothing in an agreement affects the power of a court to make an order\nwith respect to—\n(a) the right to custody or maintenance of, or access to; or\n(b) any other matter relating to;\na child of the parties to the agreement.\n(3) A provision in an agreement purporting to exclude the jurisdiction of\na court is invalid but its invalidity does not affect the validity of the\nrest of the agreement.\n33 Effect of agreements in proceedings under pt 3\n(1) In proceedings under part 3, if a court is satisfied that—\n(a) there is an agreement between the parties to a domestic\nrelationship; and\n(b) the agreement is in writing; and\n(c) the agreement is signed by the party against whom it is sought\nto be enforced; and\n\nPart 4 Domestic relationship agreements and termination agreements\nSection 34\npage 20 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) before the agreement was signed each party was given a\ncertificate by a solicitor to the effect that the solicitor had\nadvised the party, independently of the other party, about—\n(i) the effect of the agreement on the rights of the parties under\nthis Act; and\n(ii) the advantages and disadvantages for the party, at the time\nthe advice was given, of making the agreement; and\n(e) the certificates referred to in paragraph (d) are endorsed on or\naccompany the agreement;\nthe court must not (except as provided by sections 34 and 35) make\nan order under part 3 that would be inconsistent with the terms of the\nagreement.\n(2) In proceedings under part 3, if a court is satisfied that there is an\nagreement between the parties to a domestic relationship, but is not\nsatisfied as to any 1 or more of the matters referred to in\nsubsection (1) (b), (c), (d) or (e), the court may nevertheless have\nregard to the terms of the agreement in making any order under that\npart.\n34 Variation etc of agreements\nIn proceedings under part 3, a court may vary or set aside any of the\nprovisions of an agreement, even though the matters mentioned in\nsections 33 (1) (b), (c), (d) and (e) are satisfied, only if it is satisfied\nthat the enforcement of the agreement would result in serious\ninjustice.\n35 Revocation etc of agreements\nIn proceedings under part 3, a court is not required to give effect to\nthe terms of an agreement if it is satisfied that—\n(a) the parties have, by words or conduct, revoked the agreement or\nconsented to its revocation; or\n\nDomestic relationship agreements and termination agreements Part 4\nSection 36\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the agreement has otherwise ceased to have effect.\n36 Death of party—effect on periodic maintenance under\nagreement\n(1) The provisions of an agreement requiring a person to pay periodic\nmaintenance cease to have effect on the death of the person, unless\nthe agreement provides otherwise.\n(2) The provisions of an agreement providing for a person to receive\nperiodic maintenance cease to have effect on the death of the person.\n(3) Subsections (1) and (2) do not affect the right to recover arrears of\nperiodic maintenance due under the agreement at the time of the\nparty’s death.\n37 Death of party—transfer of property and lump sum\npayments under agreement\nThe provisions of an agreement relating to property or lump sum\npayments may, on the death of a party, be enforced on behalf of, or\nagainst the estate of the deceased party, as the case may be, except to\nthe extent that the agreement provides otherwise.\n\nPart 4A Civil partnerships\nDivision 4A.1 General\nSection 37A\npage 22 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4A Civil partnerships\nDivision 4A.1 General\n37A Definitions—pt 4A\nIn this part:\nprohibited relationship—see section 37C.\ntermination notice—see section 37I (1).\nwithdrawal notice—see section 37I (3).\n37B Civil partnerships—general\n(1) A civil partnership is a legally recognised relationship entered into\nunder this Act.\n(2) A civil partnership ends only as provided by division 4A.4.\nNote Div 4A.4 provides for ending civil partnerships by death, marriage, notice\nby parties or court order.\n(3) The 2 parties to a civil partnership are taken, for all purposes under\nterritory law, to be in a domestic partnership.\nNote For the meaning of domestic partnership, see the Legislation Act, s 169.\nIt includes a civil union and a civil partnership.\nDivision 4A.2 Eligibility for entering into civil\npartnership\n37C Eligibility criteria\nA person may enter into a civil partnership only if—\n(a) the person is not married, in a civil union or in a civil\npartnership; and\n\nCivil partnerships Part 4A\nEntering into civil partnership Division 4A.3\nSection 37D\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the person does not have any of the following relationships\n(a prohibited relationship) with the person’s proposed civil\npartner:\n(i) lineal ancestor;\n(ii) lineal descendant;\n(iii) sister;\n(iv) half-sister;\n(v) brother;\n(vi) half-brother; and\n(c) the person or the person’s proposed civil partner, or both of\nthem, live in the ACT.\nDivision 4A.3 Entering into civil partnership\n37D How civil partnership is entered into\nTwo adults who are in a relationship as a couple, and who meet the\neligibility criteria in section 37C, may enter into a civil partnership\nby having their relationship registered under section 37F.\nNote The registrar-general must enter particulars of a civil partnership entered\ninto under this Act in the register under the Births, Deaths and Marriages\nRegistration Act 1997, pt 5B.\n37E Application for registration\n(1) Two people who wish to enter into a civil partnership may apply to\nthe registrar-general for registration of their relationship as a civil\npartnership.\n\nPart 4A Civil partnerships\nDivision 4A.3 Entering into civil partnership\nSection 37F\npage 24 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The application must be accompanied by—\n(a) a statement by each person verifying the following:\n(i) that the person wishes to enter into a civil partnership with\nthe other person;\n(ii) that the person is not married, in a civil union or in a civil\npartnership;\n(iii) that the person believes the person and the other person do\nnot have a prohibited relationship;\n(iv) where the person lives; and\nNote It is an offence to make a false or misleading statement, give false\nor misleading information or produce a false or misleading\ndocument (see Criminal Code, pt 3.4).\n(b) the evidence required under section 37M of each person’s\nidentity and age; and\n(c) anything else prescribed by regulation.\n(3) The registrar-general may require the applicants to give the registrar\nadditional information or documents the registrar reasonably needs to\ndecide the application.\n(4) If a requirement under subsection (3) is not complied with, the\nregistrar-general may refuse to consider the application further.\n37F Decision on application\n(1) On application under section 37E, the registrar-general must—\n(a) register the relationship as a civil partnership by making an\nendorsement to that effect on the application; or\n(b) refuse to register the relationship as a civil partnership.\n\nCivil partnerships Part 4A\nEnding civil partnership Division 4A.4\nSection 37G\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The registrar-general must register the relationship as a civil\npartnership unless satisfied that 1 or both of the parties do not meet\nthe eligibility criteria in section 37C.\nNote The registrar-general must include particulars of a civil partnership in\nthe register under the Births, Deaths and Marriages Registration\nAct 1997, pt 5B.\n37G When civil partnership has effect\nA civil partnership entered into under this part has effect when the\nregistrar-general registers the relationship under section 37F (1) (a).\nDivision 4A.4 Ending civil partnership\n37H How civil partnership ends\n(1) A civil partnership ends on—\n(a) the death of either party; or\n(b) the marriage of either party; or\n(c) the parties to a civil partnership entering into a civil union with\neach other.\n(2) A civil partnership also ends if it is ended by—\n(a) a party (or both parties) under section 37I; or\n(b) a court order under section 37K.\n37I Ending civil partnership by parties\n(1) If a party to a civil partnership wishes, or both parties to a civil\npartnership wish, to end the civil partnership, the party (or parties)\nmay give the registrar-general a written notice of intention to end the\ncivil partnership (a termination notice).\n\nPart 4A Civil partnerships\nDivision 4A.4 Ending civil partnership\nSection 37I\npage 26 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) However, if a termination notice is given by only 1 party, the notice\nis effective only if—\n(a) a copy of the notice has been served personally on the other\nparty; and\n(b) a statement is given to the registrar-general with the notice\nthat—\n(i) is made by the person who served the notice; and\n(ii) verifies the notice was served personally by the person on\nthe other party on the date mentioned in the statement.\nNote 1 For provision about service of notices, see s 37N and s 37O.\nNote 2 It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(3) A termination notice may, within 12 months after the day it was given\nto the registrar-general, be withdrawn by written notice (a withdrawal\nnotice) given to the registrar by the party (or parties) who gave the\ntermination notice.\n(4) However, if a withdrawal notice is given by only 1 party, the notice\nis effective only if—\n(a) a copy of the notice has been served personally on the other\nparty; and\n(b) a statement is given to the registrar-general with the notice\nthat—\n(i) is made by the person who served the notice; and\n\nCivil partnerships Part 4A\nEnding civil partnership Division 4A.4\nSection 37J\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) verifies that the notice was served personally by the person\non the other party on the date mentioned in the statement.\nNote 1 For provision about service of notices, see s 37N and s 37O.\nNote 2 It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(5) A civil partnership ends 12 months after the day a termination notice\nis given to the registrar-general in accordance with this section,\nunless—\n(a) the notice has been withdrawn under this section; or\n(b) the Supreme Court makes an order under section 37J (2); or\n(c) the operation of the notice is stayed under section 37J (3); or\n(d) the civil partnership has already ended under section 37H (1).\n37J Order that termination notice not effective\n(1) This section applies if a party (or parties) to a civil partnership give\nthe registrar-general a termination notice.\n(2) On application by a party to the civil partnership, the Supreme Court\nmay make an order that the termination notice is not effective if the\ncourt considers that it is not the intention, or is no longer the intention,\nof the party (or parties) who gave the notice to end the civil\npartnership.\n(3) If an application mentioned in subsection (2) has been made but not\ndecided within 12 months after the day the termination notice is\ngiven, the application stays the operation of the notice until the\napplication is decided.\n(4) If the Supreme Court makes an order under this section, the court\nmust give a copy of the order to the registrar-general.\n\nPart 4A Civil partnerships\nDivision 4A.5 Other matters\nSection 37K\npage 28 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n37K Ending civil partnership by court order\n(1) On application by a party to a civil partnership, the Supreme Court\nmay make an order ending the civil partnership if the court considers\nthat—\n(a) the civil partnership cannot be ended under section 37I; but\n(b) it is not the intention, or is no longer the intention, of both parties\nto be in the civil partnership.\n(2) If the Supreme Court makes an order under subsection (1), the court\nmust give a copy of the order to the registrar-general not later than\n28 days after the day the order is made.\nDivision 4A.5 Other matters\n37L Void civil partnerships\nA civil partnership is void if—\n(a) either party did not meet the eligibility criteria under\nsection 37C when the relationship was registered as a civil\npartnership; or\n(b) either party did not freely enter into the civil partnership\nbecause—\n(i) the party’s agreement to enter into the civil partnership was\nobtained by duress or fraud; or\n(ii) the party was mistaken about the identity of the other party\nor the nature of the application under section 37E; or\n(iii) the party was mentally incapable of understanding the\nnature and effect of the civil partnership.\n\nCivil partnerships Part 4A\nOther matters Division 4A.5\nSection 37M\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n37M Evidence of identity and age\n(1) For section 37E (2) (b), the evidence of identity and age required for\neach person is—\n(a) the person’s birth certificate; or\n(b) the person’s citizenship certificate; or\n(c) the person’s current passport; or\n(d) a statement by the person verifying—\n(i) that it is impracticable to obtain a document mentioned in\nparagraph (a), (b) or (c); and\n(ii) to the best of the person’s knowledge and belief, and as\naccurately as the person has been able to find out, when\nand where the person was born.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(2) In this section:\nbirth certificate, for a person, means the person’s birth certificate, or\na certified extract about the person’s birth from the register, under the\nBirths, Deaths and Marriages Registration Act 1997 or a\ncorresponding law of a State, external territory or foreign country.\ncitizenship certificate, for a person, means a certificate, declaration,\nnotice or other instrument of a person’s nationality under the\nAustralian Citizenship Act 2007 (Cwlth) or the Australian Citizenship\nAct 1948 (Cwlth) (repealed).\n37N Personal service of termination and withdrawal notices\n(1) This section applies if a termination notice or withdrawal notice must\nbe served personally on a party to a civil partnership under section 37I\n(Ending civil partnership by parties).\n\nPart 4A Civil partnerships\nDivision 4A.5 Other matters\nSection 37O\npage 30 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) To serve the notice personally on the party, the person serving the\nnotice must—\n(a) give the party a copy of the notice; or\n(b) if the party does not accept the copy—put the copy down in the\nparty’s presence and tell the party in general terms what it is; or\n(c) if the person serving the notice is prevented from approaching\nthe party by violence or threat of violence—put the copy down\nas near as practicable to, but in the sight of, the party.\n37O If personal service impracticable or impossible\n(1) This section applies if—\n(a) a termination notice or withdrawal notice must be served\npersonally on a party to a civil partnership under section 37I;\nand\n(b) personal service of the notice is not practicable.\n(2) The person serving the notice may apply to the Supreme Court for an\norder allowing the notice to be served in another way (the alternative\nway).\n(3) The Supreme Court may make an order if satisfied that—\n(a) it is not practicable, for any reason, for the notice to be served\npersonally under section 37N; and\n(b) the alternative way is reasonably likely to bring the notice to the\nattention of the party.\n(4) If the Supreme Court makes an order, the court may, in the order,\nprovide that the notice is taken to have been served on the happening\nof a stated event, at a stated time or at the end of a stated period.\n(5) The Supreme Court may make an order under subsection (3) even\nthough the party is not in the ACT or Australia.\n\nCivil partnerships Part 4A\nOther matters Division 4A.5\nSection 37P\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) For section 37I, if a notice is served on a party in accordance with an\norder under subsection (3), the notice is taken to have been served\npersonally on the party.\n37P Civil partnerships under corresponding laws\n(1) A regulation may provide that a relationship under a law of a State,\nexternal territory or foreign country (a corresponding law) is a civil\npartnership for territory law.\n(2) However, a regulation must not provide that a relationship under a\ncorresponding law is a civil partnership for territory law unless, under\nthe corresponding law, the relationship—\n(a) must be between 2 people; and\n(b) must be entered into consensually; and\n(c) must not be entered into by people who are in a prohibited\nrelationship with each other.\n\nPart 4B Notification and review of decisions\nSection 37Q\npage 32 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4B Notification and review of\ndecisions\n37Q Meaning of reviewable decision—pt 4B\nIn this part:\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n37R Reviewable decision notices\nIf the registrar-general makes a reviewable decision, the registrar\nmust give a reviewable decision notice to each entity mentioned in\nschedule 1, column 4 in relation to the decision.\nNote The registrar-general must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n37S Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nMiscellaneous Part 5\nSection 38\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n38 Declarations—existence of domestic relationship\n(1) A court may, on application or its own initiative, declare whether a\ndomestic relationship exists, or existed, between specified persons on\na specified date or during a specified period, or both.\n(2) A declaration has effect as a judgment of the court.\n(3) A declaration may be made whether or not the person or either of the\npersons named by the applicant as a party or parties to a domestic\nrelationship is alive.\n(4) While a declaration is in force, the persons to whom it relates is taken\nfor all purposes to have been, or not to have been, parties to a\ndomestic relationship, as specified in the declaration.\n39 Annulment of declaration\n(1) A court may, by order, annul a declaration under section 38—\n(a) on application by a person who applied for, or is affected by, the\ndeclaration; and\n(b) if it is satisfied that new facts or circumstances have arisen that\nhave not previously been disclosed to the court and could not\nhave been so disclosed by the exercise of reasonable diligence.\n(2) A declaration ceases to have effect on the making of an order of\nannulment but an annulment does not affect anything done in reliance\non the declaration while it remained in force.\n(3) If a court annuls a declaration, it may, if it is satisfied that it would be\njust and equitable to do so, make ancillary orders (including orders\nvarying rights with respect to property or financial resources) to place\nany person affected by the annulment, as far as practicable, in the\nposition that person would have been in if the declaration had not\nbeen made.\n\nPart 5 Miscellaneous\nSection 40\npage 34 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n40 Declarations—interests in property\n(1) In proceedings between parties to a domestic relationship with respect\nto existing title or rights in respect of property, a court may declare\nthe title or rights (if any) that a party has in respect of the property.\n(2) A court may make orders to give effect to a declaration, including\norders as to possession.\n(3) An order under this section is binding on the parties to a domestic\nrelationship but not on any other person.\n40A Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n40B Approved forms\n(1) The registrar-general may approve forms for this Act.\n(2) If the registrar-general approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n41 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) The regulations may make provision in relation to the enforcement\nby the Magistrates Court of orders of the Supreme Court under this\nAct that could have been made by the Magistrates Court.\n\nReviewable decisions Schedule 1\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Reviewable decisions\n(see pt 4B)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 37E refuse to register relationship\nas civil partnership\nparties to relationship\n\nDictionary\npage 36 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• Australian statistician\n• civil partnership\n• civil union\n• Executive\n• lawyer\n• Magistrates Court\n• person (see s 160)\n• Supreme Court.\nagreement, for part 4 (Domestic relationship agreements and\ntermination agreements)—see section 31.\nchild, of the parties to a domestic relationship, means each of the\nfollowing children:\n(a) a child of whom the parties are the parents;\n(b) a child for whose long-term welfare both parties accept\nresponsibility.\ncommencement day means 11 July 1997.\ncourt means the Supreme Court or the Magistrates Court.\ndomestic relationship—see section 3.\ndomestic relationship agreement means—\n(a) an agreement between 2 persons that—\n(i) is made in contemplation of their entering into a domestic\nrelationship or during the existence of a domestic\nrelationship between them; and\n\nDictionary\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) makes provision with respect to financial matters; or\n(b) such an agreement that varies a domestic relationship\nagreement;\nregardless of when it is made, whether there are other parties or\nwhether it makes provision with respect to non-financial matters.\nNote In certain circumstances a termination agreement may be taken to be a\ndomestic relationship agreement (see s 3A (2)).\nfinancial matters, in relation to either or both of the parties to a\ndomestic relationship, means matters with respect to the maintenance,\nproperty or financial resources of either or both of the parties.\nfinancial resources, in relation to either or both of the parties to a\ndomestic relationship, includes—\n(a) a prospective claim or entitlement in favour of either or both of\nthe parties in respect of a scheme, fund or arrangement under\nwhich superannuation, retirement or similar benefits are\nprovided; and\n(b) property that, under a discretionary trust, may become vested in\nor used for the purposes of either or both of the parties; and\n(c) property that either or both of the parties may dispose of wholly\nor partially and that is capable of being used lawfully by or on\nbehalf of either or both of the parties; and\n(d) any other benefit of value to either or both of the parties.\nparty, to a domestic relationship, includes a person who has been a\nparty to a domestic relationship that has ended.\nprohibited relationship, for part 4A (Civil partnerships)—\nsee section 37C.\nproperty, in relation to either or both of the parties to a domestic\nrelationship, means real or personal property in any form to which\neither is, or both are, entitled.\n\nDictionary\npage 38 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nreviewable decision, for part 4B (Notification and review of\ndecisions)—see section 37Q.\ntermination agreement—see section 3A.\ntermination notice, for part 4A (Civil partnerships)—see section 37I.\nwithdrawal notice, for part 4A (Civil partnerships)—see section 37I.\n\nEndnotes\nAbout the endnotes 1\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 40 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nDomestic Relationships Act 1994 A1994-28\nnotified 31 May 1994 (Gaz 1994 No S93)\ns 1, s 2 commenced 31 May 1994 (s 2 (1))\nremainder commenced 11 July 1994 (s 2 (2) and Gaz 1994 No S149)\nas amended by\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2(1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 108\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 108 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nLegislation (Gay, Lesbian and Transgender) Amendment Act 2003\nA2003-14 sch 1 pt 1.13\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75 (1))\nsch 1 pt 1.13 commenced 28 March 2003 (s 2)\nParentage Act 2004 A2004-1 sch 1 pt 1.6\nnotified LR 18 February 2004\ns 1, s 2 commenced 18 February 2004 (LA s 75 (1))\nsch 1 pt 1.6 commenced 22 March 2004 (s 2 and CN2004-3)\nJustice and Community Safety Legislation Amendment Act 2004\n(No 2) A2004-32 pt 10\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\npt 10 commenced 13 July 2004 (s 2 (3))\n\nEndnotes\nLegislation history 3\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.23\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.23 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nJustice and Community Safety Legislation Amendment Act 2005\n(No 3) A2005-43 sch 1 pt 1.6\nnotified LR 30 August 2005\ns 1, s 2 commenced 30 August 2005 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 October 2005 (s 2 (3) and CN2005-18)\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.10\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.10 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth Gaz\n2006 No S93)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.30\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.30 commenced 12 April 2007 (s 2 (1))\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.9\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.9 commenced 19 May 2008 (s 2 and CN2008-8)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.21\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.21 commenced 17 December 2009 (s 2)\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.10\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.10 commenced 11 September 2012 (s 2)\n\nEndnotes\n3 Legislation history\npage 42 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.10\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\nsch 2 pt 2.10 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\nStatute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.5\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 3 pt 3.5 commenced 25 November 2013 (s 2)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.19\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.19 commenced 27 April 2016 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.32, sch 4\npt 4.60\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.32, sch 4 pt 4.60 commenced 16 November 2025\n(s 2 (1), (9))\nJustice and Community Safety Legislation Amendment Act 2026\nA2026-4 pt 7\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\npt 7 commenced 23 February 2026 (s 2)\n\nEndnotes\nAmendment history 4\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nTitle\ntitle am A2006-22 amdt 1.35 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93))\nName of Act\ns 1 sub A2006-22 amdt 1.36 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2007-3\namdt 3.154\nDictionary\ns 2 om A2001-44 amdt 1.1161\nins A2007-3 amdt 3.159\nNotes\ns 2A ins A2007-3 amdt 3.159\nMeaning of domestic relationship\ns 3 am A2004-1 amdt 1.20; pars renum R4 LA (see A2004-1\namdt 1.21); A2006-22 amdt 1.39, amdt 1.42 (A2006-22 rep\nbefore commenced by disallowance (see Cwlth Gaz 2006\nNo S93))\ndefs reloc to dict A2007-3 amdt 3.158\nom A2007-3 amdt 3.159\nins A2007-3 amdt 3.160\nam A2008-14 amdt 1.25; A2012-40 amdt 3.33; A2013-39\namdt 2.18 (A2013-39 never effective (see Commonwealth v\nAustralian Capital Territory [2013] HCA 55))\nTermination agreements\ns 3A ins A2007-3 amdt 3.160\nApplication of Act\ns 4 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93))\nOther relief or remedies not affected\ns 5 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2013-44\namdt 3.51\nAdvice about facilities\ns 6 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2013-44\namdt 3.60\nConciliation\ns 7 am A2007-3 amdt 3.161\nReferral of matters for mediation or arbitration\ns 8 am A2013-44 amdt 3.52\n\nEndnotes\n4 Amendment history\npage 44 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPreliminary\ndiv 3.1 hdg (prev pt 3 div 1 hdg) renum R2 LA\nInstitution of proceedings\ns 10 am A2004-60 amdts 1.142-1.144\nPrerequisite for relief—residence etc\ns 11 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2013-44\namdt 3.60\nPrerequisite for relief—length of relationship etc\ns 12 am A2006-22 amdt 1.40, amdt 1.41 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006 No S93));\nA2008-14 amdt 1.26, amdt 1.27; A2012-40 amdt 3.34\nTime limit for making applications\ns 13 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2009-49\namdt 3.46; A2013-44 amdt 3.60\nCourt to end financial relations\ns 14 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2013-44\namdt 3.60\nAdjustment of property interests\ndiv 3.2 hdg (prev pt 3 div 2 hdg) renum R2 LA\nProperty orders\ns 15 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93))\nDeferment of order\ns 16 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93))\nMaintenance\ndiv 3.3 hdg (prev pt 3 div 3 hdg) renum R2 LA\nNo general right to maintenance\ns 18 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93))\nMaintenance orders\ns 19 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2013-44\namdt 3.60\nInterim maintenance\ns 20 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93))\n\nEndnotes\nAmendment history 4\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDeath of party—effect on application\ns 21 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93))\nPeriodic maintenance orders—duration\ns 22 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2013-44\namdt 3.60\nPeriodic maintenance orders—variation etc\ns 23 am A2013-44 amdt 3.53, amdt 3.60\nPeriodic maintenance orders—cessation\ns 24 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93))\nGeneral\ndiv 3.4 hdg (prev pt 3 div 4 hdg) renum R2 LA\nCourt orders etc\ns 25 pars renum R2 LA\nUrgent orders etc in the absence of a party\ns 27 am A2013-44 amdt 3.60\nTransactions to defeat claims\ns 29 am A2013-44 amdt 3.60\nInterests of other parties\ns 30 am A2013-44 amdt 3.60\nDomestic relationship agreements and termination agreements\npt 4 hdg am A2006-22 amdt 1.42 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93))\nMeaning of agreement for pt 4\ns 31 am A1997-96 sch 1\nsub A2004-32 s 77\nam A2006-22 amdt 1.42 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93))\nValidity of agreements\ns 32 am A2013-44 amdt 3.54\nEffect of agreements in proceedings under pt 3\ns 33 am A2004-32 s 78\n(3)-(5) exp 13 July 2004 (s 33 (5))\nam A2005-43 amdt 1.13; A2006-22 amdt 1.42 (A2006-22 rep\nbefore commenced by disallowance (see Cwlth Gaz 2006\nNo S93)); A2013-44 amdt 3.60\nVariation etc of agreements\ns 34 am A2013-44 amdt 3.55, amdt 3.56\n\nEndnotes\n4 Amendment history\npage 46 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDeath of party—effect on periodic maintenance under agreement\ns 36 am A2013-44 amdt 3.57\nCivil partnerships\npt 4A hdg ins A2012-40 amdt 3.35\nGeneral\ndiv 4A.1 hdg ins A2012-40 amdt 3.35\nDefinitions—pt 4A\ns 37A ins A2012-40 amdt 3.35\ndef prohibited relationship ins A2012-40 amdt 3.35\ndef termination notice ins A2012-40 amdt 3.35\ndef withdrawal notice ins A2012-40 amdt 3.35\nCivil partnerships—general\ns 37B ins A2012-40 amdt 3.35\nEligibility for entering into civil partnership\ndiv 4A.2 hdg ins A2012-40 amdt 3.35\nEligibility criteria\ns 37C ins A2012-40 amdt 3.35\nam A2025-29 3.92\nEntering into civil partnership\ndiv 4A.3 hdg ins A2012-40 amdt 3.35\nHow civil partnership is entered into\ns 37D ins A2012-40 amdt 3.35\nam A2026-4 s 22\nApplication for registration\ns 37E ins A2012-40 amdt 3.35\nam A2016-18 amdt 3.80, amdt 3.81; A2025-29 amdt 4.60\nDecision on application\ns 37F ins A2012-40 amdt 3.35\nWhen civil partnership has effect\ns 37G ins A2012-40 amdt 3.35\nEnding civil partnership\ndiv 4A.4 hdg ins A2012-40 amdt 3.35\nHow civil partnership ends\ns 37H ins A2012-40 amdt 3.35\nam A2013-39 amdt 2.19 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55))\n\nEndnotes\nAmendment history 4\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEnding civil partnership by parties\ns 37I ins A2012-40 amdt 3.35\nam A2016-18 amdts 3.82-3.87; A2025-29 amdt 4.60\nOrder that termination notice not effective\ns 37J ins A2012-40 amdt 3.35\nEnding civil partnership by court order\ns 37K ins A2012-40 amdt 3.35\nOther matters\ndiv 4A.5 hdg ins A2012-40 amdt 3.35\nVoid civil partnerships\ns 37L ins A2012-40 amdt 3.35\nEvidence of identity and age\ns 37M ins A2012-40 amdt 3.35\nam A2016-18 amdt 3.88, amdt 3.89\nPersonal service of termination and withdrawal notices\ns 37N ins A2012-40 amdt 3.35\nIf personal service impracticable or impossible\ns 37O ins A2012-40 amdt 3.35\nCivil partnerships under corresponding laws\ns 37P ins A2012-40 amdt 3.35\nCivil unions\npt 4AB hdg ins A2013-39 amdt 2.20 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55))\nPreliminary\ndiv 4AB.1 hdg ins A2013-39 amdt 2.20 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55))\nApplication—pt 4AB\ns 37PA ins A2013-39 amdt 2.20 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55))\nDefinitions—pt 4AB\ns 37PB ins A2013-39 amdt 2.20 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55))\n\nEndnotes\n4 Amendment history\npage 48 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef termination notice ins A2013-39 amdt 2.20 (A2013-39\nnever effective (see Commonwealth v Australian Capital\nTerritory [2013] HCA 55))\ndef withdrawal notice ins A2013-39 amdt 2.20 (A2013-39\nnever effective (see Commonwealth v Australian Capital\nTerritory [2013] HCA 55))\nEnding civil union\ndiv 4AB.2 hdg ins A2013-39 amdt 2.20 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55))\nHow civil union ends\ns 37PC ins A2013-39 amdt 2.20 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55))\nEnding civil union by parties\ns 37PD ins A2013-39 amdt 2.20 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55))\nOrder that termination notice not effective\ns 37PE ins A2013-39 amdt 2.20 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55))\nEnding civil union by court order\ns 37PF ins A2013-39 amdt 2.20 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55))\nPersonal service of termination and withdrawal notices\ns 37PG ins A2013-39 amdt 2.20 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55))\nIf personal service impracticable or impossible\ns 37PH ins A2013-39 amdt 2.20 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55))\nNotification and review of decisions\npt 4B hdg ins A2012-40 amdt 3.35\nMeaning of reviewable decision—pt 4B\ns 37Q ins A2012-40 amdt 3.35\nReviewable decision notices\ns 37R ins A2012-40 amdt 3.35\nam A2025-29 amdt 4.60\n\nEndnotes\nAmendment history 4\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nApplications for review\ns 37S ins A2012-40 amdt 3.35\nam R16 LA\nDeclarations—existence of domestic relationship\ns 38 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2013-44\namdt 3.58\nDeclarations—interests in property\ns 40 am A2006-22 amdt 1.42 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93))\nDetermination of fees\ns 40A ins A2012-40 amdt 3.36\nam A2025-29 amdt 4.60\nApproved forms\ns 40B ins A2012-40 amdt 3.36\nam A2025-29 amdt 4.60\nRegulation-making power\ns 41 sub A2001-44 amdt 1.1162\nam A2025-29 amdt 4.60\nRegulations\ns 42 om A2001-44 amdt 1.1162\nReviewable decisions\nsch 1 ins A2012-40 amdt 3.37\nDictionary\ndict ins A2007-3 amdt 3.162\nam A2008-14 amdt 1.28; A2012-40 amdt 3.38; A2013-44\namdt 3.59\ndef agreement ins A2007-3 amdt 3.162\ndef child ins A2007-3 amdt 3.162\ndef commencement day reloc from s 3 A2007-3 amdt 3.158\ndef court reloc from s 3 A2007-3 amdt 3.158\ndef domestic relationship sub A2003-14 amdt 1.53\nam A2003-14 amdt 1.54\nom A2006-22 amdt 1.37 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006\nNo S93))\nsub A2007-3 amdt 3.155\nreloc from s 3 A2007-3 amdt 3.158\ndef domestic relationship agreement om A2006-22\namdt 1.37 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93))\nam A2007-3 amdt 3.156\nreloc from s 3 A2007-3 amdt 3.158\n\nEndnotes\n4 Amendment history\npage 50 Domestic Relationships Act 1994\nEffective: 23/02/26\nR17\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef financial matters am A2006-22 amdt 1.42 (A2006-22\nrep before commenced by disallowance (see Cwlth Gaz 2006\nNo S93))\nreloc from s 3 A2007-3 amdt 3.158\ndef financial resources am A2006-22 amdt 1.42 (A2006-22\nrep before commenced by disallowance (see Cwlth Gaz 2006\nNo S93))\nreloc from s 3 A2007-3 amdt 3.158\ndef marriage ins A2013-39 amdt 2.21 (A2013-39 never\neffective (see Commonwealth v Australian Capital Territory\n[2013] HCA 55))\ndef party ins A2007-3 amdt 3.162\ndef personal relationship ins A2006-22 amdt 1.37 (A2006-22\nrep before commenced by disallowance (see Cwlth Gaz 2006\nNo S93))\ndef personal relationship agreement ins A2006-22 amdt\n1.37 (A2006-22 rep before commenced by disallowance (see\nCwlth Gaz 2006 No S93))\ndef prohibited relationship ins A2012-40 amdt 3.39\ndef property am A2006-22 amdt 1.42 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006 No S93))\nreloc from s 3 A2007-3 amdt 3.158\ndef reviewable decision ins A2012-40 amdt 3.39\ndef termination agreement am A2006-22 amdt 1.42\n(A2006-22 rep before commenced by disallowance (see\nCwlth Gaz 2006 No S93))\nsub A2007-3 amdt 3.157\nreloc from s 3 A2007-3 amdt 3.158\ndef termination notice ins A2012-40 amdt 3.39\nsub A2013-39 amdt 2.22 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55))\ndef withdrawal notice ins A2012-40 amdt 3.39\nsub A2013-39 amdt 2.22 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55))\n\nEndnotes\nEarlier republications 5\nR17\n23/02/26\nDomestic Relationships Act 1994\nEffective: 23/02/26\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1997-96 17 April 2000\n2 A2001-44 21 February 2002\n2 (RI) A2001-44 ‡ 16 October 2002\n3 A2003-14 28 March 2003\n4 A2004-1 22 March 2004\n5 A2004-32 13 July 2004\n6 A2004-32 14 July 2004\n7 A2004-60 10 January 2005\n8 A2005-43 1 October 2005\n9 A2007-3 12 April 2007\n10* A2008-14 19 May 2008\n11 A2009-49 17 December 2009\n12 A2012-40 11 September 2012\n13 A2013-39 (never effective) 7 November 2013\n13 (RI) A2013-39 (never\neffective) ≠\n24 February 2014\n14 (never effective) A2013-44 25 November 2013\n14 (RI) A2013-44 ≠ 24 February 2014\n15 A2016-18 27 April 2016\n16 A2025-29 16 November 2025\n‡ includes endnote correction\n≠ reissue because of High Court decision in relation to A2013-39\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n© Australian Capital Territory 2026","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1994 scope. Originally focused solely on property adjustment and maintenance for separating de facto couples (similar to family law provisions), it has expanded to include: (1) a comprehensive civil partnership registration scheme (Part 4A, added 2012) creating a marriage-like status; (2) detailed procedural rules for ending civil partnerships including service requirements and court oversight; (3) a reviewable decisions framework for administrative decisions (Part 4B); and (4) attempted inclusion of civil unions (2013, never effective). The Act has transformed from a purely 'break-up' property law into a relationship formation and registration statute."},"complexity_factors":["Multiple overlapping relationship types: 'domestic relationship', 'domestic partnership', 'civil partnership', and 'civil union' (the latter two defined in the Legislation Act but referenced throughout)","Nested prerequisites for relief: Section 11 (residency) and Section 12 (2-year relationship duration) contain multiple sub-conditions and exceptions (e.g., children of the relationship, substantial contributions, serious injustice)","Conditional logic in maintenance provisions: Section 19 creates limited grounds for maintenance (child care or earning capacity impairment) with further conditions in Section 22 regarding duration limits that vary based on which ground is invoked","Cross-references to external legislation: Heavy reliance on the Legislation Act 2001 for definitions (civil partnership, civil union, domestic partnership) and the Births, Deaths and Marriages Registration Act 1997 for registration mechanics","Temporal complexity: Multiple time limits including the 2-year relationship requirement (s 12), 2-year application deadline post-separation (s 13), 3-month conversion of termination agreements (s 3A), and 12-month cooling-off period for ending civil partnerships (s 37I)","Service requirements for civil partnerships: Sections 37N and 37O create detailed procedural rules for personal service of termination notices with court override provisions","Amendment history complexity: The endnotes reveal significant legislative churn including the never-effective Marriage Equality (Same Sex) Act 2013 provisions (Part 4AB) and the repealed Civil Unions Act 2006, leaving ghost provisions in the amendment history"],"plain_english_summary":"This ACT law provides a legal framework for people in domestic relationships (de facto couples) to resolve financial and property matters when their relationship ends, and creates a formal registration system called 'civil partnerships'.\n\n**Who it affects:**\n- **Couples in domestic relationships** – two adults living together in a committed relationship (but not married). This includes same-sex and opposite-sex couples.\n- **Civil partners** – couples who have formally registered their relationship under Part 4A.\n- **Former partners** seeking to divide property or claim maintenance after separation.\n\n**What it does:**\n\n**1. Property and maintenance disputes (Part 3)**\n- Allows separated couples to apply to court for orders adjusting property interests (splitting assets like houses, superannuation, savings) if the relationship lasted at least 2 years, or if there are children or substantial contributions involved.\n- Permits maintenance orders (ongoing financial support) in limited circumstances – mainly where one partner cares for a young child or needs retraining due to the relationship's impact on their earning capacity.\n- Sets time limits (2 years after separation) and residency requirements (ACT connection needed).\n\n**2. Agreements between parties (Part 4)**\n- Recognises 'domestic relationship agreements' (made during the relationship) and 'termination agreements' (made when splitting up) that set out how finances will be handled.\n- These agreements are binding if properly signed and both parties received independent legal advice, though courts can set them aside if enforcement would cause 'serious injustice'.\n\n**3. Civil partnerships (Part 4A)**\n- Creates a formal registration scheme where couples can register their relationship with the Registrar-General.\n- Registration provides legal recognition similar to marriage for territory law purposes.\n- Partnerships can be ended by mutual notice, unilateral notice (with service requirements), death, marriage, or court order.\n- Prohibits registration between close relatives (siblings, ancestors/descendants).\n\n**4. Dispute resolution (Part 2)**\n- Encourages mediation and arbitration before court proceedings.\n- Protects admissions made during mediation from being used in court later.\n\n**Why it matters:**\nBefore this Act, de facto couples in the ACT had no clear legal pathway to divide property or claim support when separating. This law fills the gap between married couples (who use the Family Law Act) and single people, ensuring fairness for long-term domestic partners. The civil partnership scheme also gives couples a way to formally register their commitment without marrying."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded since original enactment. Key scope extensions include the insertion of a civil partnership registration scheme (Part 4A, ss 37A–37P) added by A2012-40 (see amendment history) and the formalisation of termination agreements and domestic relationship agreement rules (s 3A and pt 4; see amendment history entries for A2007-3 and related amendments). These additions broaden the Act from court remedies for financial consequences of informal domestic relationships to include an administrative pathway for registering relationships and more detailed contract-based arrangements between parties (see s 37B–37F; s 31–35)."},"complexity_factors":["Multiple decision-makers and branches: registrar-general (administrative) decisions and the courts (judicial) with separate review routes (s 37F; s 37R–37S).","Substantive discretion for courts with broad 'just and equitable' balancing factors (s 15) and varied remedial powers (s 25), producing fact‑specific outcomes.","Detailed procedural prerequisites and exceptions: residency and 1/3 residence test (s 11), 2‑year relationship rule with exceptions (s 12), 2‑year application time limit with leave (s 13).","Interplay between contract law and statutory safeguards for agreements (s 32–35), including a high‑value evidentiary gate (solicitor certificates in s 33(d)).","Special rules for civil partnerships: registration, identity evidence, personal service, withdrawal and termination notices, alternative service routes (s 37C–37O).","Enforcement and anti-avoidance measures: power to set aside dispositions intended to defeat claims (s 29), execution of instruments by court appointee (s 26), and urgent orders in absence of a party (s 27).","Cross-references and interaction with other laws and regulations (s 5; s 37P; s 41) increase interpretive and implementation complexity.","Death‑related variations and estate interactions (s 16, s 17, s 36, s 37) which alter the operation of orders and agreements in non-linear ways.","Administrative formality and evidence rules (s 37E, s 37M; s 40B) that create formal compliance burdens prior to access to substantive rights.","Amendment history and additions (e.g., insertion of part 4A) imply layered provisions with legacy and newer rules to reconcile (endnotes and amendment history)."],"plain_english_summary":"What this law does (mechanics)\n\n- Defines a \"domestic relationship\" in the ACT and builds a legal framework for resolving financial consequences when such relationships exist or end (see s 3; pt 3).\n- Gives courts the power to adjust property and financial interests between parties, and to make maintenance orders in specified circumstances (see s 15 for property orders; s 19 for maintenance). Courts may transfer or sell property, order lump sums or periodic payments, secure payments, appoint trustees, and make injunctions to protect assets (see s 25).\n- Sets prerequisites and limits for court relief: residency and connection tests (s 11), a default 2‑year relationship duration requirement (s 12) subject to exceptions if there are children or risk of serious injustice, and a 2‑year time limit to apply after a relationship ends (s 13).\n- Encourages and provides for mediation and arbitration (registrar advice at request, s 6; conciliation duty, s 7; referrals, s 8) and protects statements made in mediator conferences from later admissibility in court (s 9).\n- Treats written domestic relationship agreements and termination agreements as contracts enforceable by law (s 32), but with special rules about their effect in property/maintenance proceedings: a court must not make orders inconsistent with a properly executed agreement that includes independent solicitor certificates for each party (s 33). The court may nevertheless vary or set aside agreements if enforcement would cause \"serious injustice\" (s 34) or if the parties have revoked the agreement (s 35).\n- Introduces a registration regime for \"civil partnerships\": eligibility criteria (s 37C), application and supporting evidence requirements (s 37E, s 37M), registrar-general decision-making (s 37F), and specific ending procedures including termination notices, withdrawal, and court termination (s 37I–37K). A registered civil partnership is treated as a domestic partnership for territory law purposes (s 37B(3)).\n- Provides for review rights against certain registrar decisions by the ACT Civil and Administrative Tribunal (ACAT) (pt 4B: s 37Q–37S; schedule 1 lists reviewable decisions).\n- Provides ancillary powers and procedural rules: urgent/temporary orders in absence of a party (s 27), variation or setting aside of orders for fraud or impracticability (s 28), power to set aside or restrain transactions intended to defeat a claim (s 29), and rules about effect of death on proceedings and on obligations under agreements (s 16, s 17, s 21, s 36, s 37).\n- Confers executive and administrative powers: registrar-general may require additional information and refuse to consider incomplete registration applications (s 37F(3)–(4)); Minister may determine fees (s 40A); registrar-general may approve forms (s 40B); regulations may be made (s 41).\n\nWho this affects\n\n- Adults who are in or have been in a \"domestic relationship\" in the ACT, including couples who register a civil partnership under this Act (s 3; pt 4A).\n- Parties who enter written domestic relationship agreements or termination agreements (pt 4 and s 3A).\n- Persons with an interest in property that may be affected by court orders under part 3, and purchasers in good faith (s 30 requires the court to protect those interests; s 29 addresses dispositions to defeat claims).\n- The registrar-general and court officers, who have administrative and decision-making roles (s 37F; s 25–27; s 37R).\n- Legal practitioners, who may be required to give independent certificates for parties entering domestic relationship agreements (s 33(d)).\n\nWhy it matters (stated purpose and trade-offs)\n\n- The Act creates legal routes to resolve financial entanglements arising from adult personal relationships and to give effect to pre-existing written agreements between partners, while preserving court power to prevent unfair outcomes. The structure (court powers in pt 3, agreement rules in pt 4, civil partnership registration in pt 4A) indicates an intent to: (a) provide certainty where parties have expressly contracted; (b) provide judicial remedies when agreements are absent, inadequate, or unjust; and (c) provide an administrative path to formalise certain relationships (s 33; s 34; s 37B–37F).\n\nTesting those aims against costs, incentives and implementation mechanics\n\n- Who pays and compliance costs: Individuals pay private legal costs to obtain the solicitor certificates required for a fully enforceable written agreement (s 33(d)). Parties seeking registration must provide identity/age documentation and may incur costs to locate or produce those documents (s 37E(2), s 37M). Parties ordered to pay maintenance or lump sums bear direct financial burdens (s 19; s 25(d)). The Minister-determined fees and any registrar charges are an administrative cost (s 40A).\n\n- Incentives and private choice effects: The agreement regime (s 33) creates a predictable, contract-based route for parties to set financial terms, which incentivises parties to obtain written agreements and independent legal advice before disputes arise. Conversely, that predictability can lock parties into arrangements that courts will only unsettle on grounds of \"serious injustice\" (s 34), so parties trade off finality against the risk of future unfairness.\n\n- Concentrated benefits and diffuse costs: Certainty from enforceable agreements chiefly benefits the parties who negotiated them (s 33). Diffuse costs include administrative burden on the registrar-general (s 37F(3)), and potential downstream litigation when parties challenge agreements or claims (s 34, s 28). The law contains measures aimed at preventing tactical behaviour — for example, courts can set aside dispositions intended to defeat anticipated orders (s 29), which increases scrutiny on pre-emptive property transfers.\n\n- Bureaucratic discretion and review: The registrar-general has discretion to require additional information and to refuse to proceed with incomplete civil partnership applications (s 37F(3)–(4)). That administrative discretion is subject to notification and review mechanisms: reviewable decisions must be notified (s 37R) and can be reviewed by ACAT (s 37S and schedule 1). Courts have broad discretionary powers in applying the \"just and equitable\" standard for property adjustment (s 15) and in urgent remedies (s 27), which concentrates decision-making authority in the judiciary.\n\n- Compliance burden and procedural friction: Personal service requirements for termination/withdrawal notices for civil partnerships (s 37I(2), s 37N) may impose practical difficulty where a party cannot be located; the Act supplies a court route to permit alternative service (s 37O). Time limits and residence tests (s 11–13) create procedural bars that can prevent some applicants from accessing remedies unless leave is granted (s 13(2)).\n\n- Opportunity costs and substitution effects: Parties may opt into registered civil partnerships (s 37B–37G) to access protections available under the Act (part 3), creating a substitution choice between informal relationships and registered status. Attempts to use disposals to frustrate claims are addressed by s 29; however, that remedy requires court action and thus imposes enforcement costs.\n\n- Implementation risk and cross‑jurisdictional issues: Recognition of corresponding laws is delegated to regulation-making power (s 37P), so cross-jurisdictional recognition depends on subordinate instruments. Enforcement of orders across different courts and interaction with other jurisdictional regimes (s 5 preserves other remedies) can complicate implementation.\n\nBottom line (mechanical summary): The Act sets out a court-centered system for resolving property and limited maintenance disputes arising from adult domestic relationships, a contract pathway for parties to structure their financial affairs, and an administrative registration route for civil partnerships, with procedural safeguards (time limits, residency tests, solicitor certificates) and review mechanisms for administrative decisions (s 33; pt 3; pt 4A; pt 4B)."}},"importantCases":[],"_links":{"self":"/api/acts/domestic-relationships-act-1994","history":"/api/acts/domestic-relationships-act-1994/history","analysis":"/api/acts/domestic-relationships-act-1994/analysis","conflicts":"/api/acts/domestic-relationships-act-1994/conflicts","importantCases":"/api/acts/domestic-relationships-act-1994/important-cases","documents":"/api/acts/domestic-relationships-act-1994/documents"}}