QLDIn ForceAct
Domestic and Family Violence Protection Act 2012
sec.18Meaning of couple relationship
Start here
Get a plain-English read of sec.18
Turn the raw legal text into a practical explanation grounded in Domestic and Family Violence Protection Act 2012.
### sec.18 Meaning of couple relationship
A couple relationship exists between 2 persons if the persons have or had a relationship as a couple.
In deciding whether a couple relationship exists, a court may have regard to the following—
the circumstances of the relationship between the persons, including, for example—
the degree of trust between the persons; and
the level of each person’s dependence on, and commitment to, the other person;
the length of time for which the relationship has existed or did exist;
the frequency of contact between the persons;
the degree of intimacy between the persons.
Without limiting subsection (2) , the court may consider the following factors in deciding whether a couple relationship exists—
whether the trust, dependence or commitment is or was of the same level;
whether 1 of the persons is or was financially dependent on the other;
whether the persons jointly own or owned any property;
whether the persons have or had joint bank accounts;
whether the relationship involves or involved a relationship of a sexual nature;
whether the relationship is or was exclusive.
A couple relationship may exist even if the court makes a negative finding in relation to any or all of the factors mentioned in subsection (3) .
A couple relationship may exist between 2 persons whether the persons are of the same or a different gender.
A couple relationship does not exist merely because 2 persons date or dated each other on a number of occasions.
(sec.18-ssec.1) A couple relationship exists between 2 persons if the persons have or had a relationship as a couple.
(sec.18-ssec.2) In deciding whether a couple relationship exists, a court may have regard to the following— the circumstances of the relationship between the persons, including, for example— the degree of trust between the persons; and the level of each person’s dependence on, and commitment to, the other person; the length of time for which the relationship has existed or did exist; the frequency of contact between the persons; the degree of intimacy between the persons.
(sec.18-ssec.3) Without limiting subsection (2) , the court may consider the following factors in deciding whether a couple relationship exists— whether the trust, dependence or commitment is or was of the same level; whether 1 of the persons is or was financially dependent on the other; whether the persons jointly own or owned any property; whether the persons have or had joint bank accounts; whether the relationship involves or involved a relationship of a sexual nature; whether the relationship is or was exclusive.
(sec.18-ssec.4) A couple relationship may exist even if the court makes a negative finding in relation to any or all of the factors mentioned in subsection (3) .
(sec.18-ssec.5) A couple relationship may exist between 2 persons whether the persons are of the same or a different gender.
(sec.18-ssec.6) A couple relationship does not exist merely because 2 persons date or dated each other on a number of occasions.
- (a) the circumstances of the relationship between the persons, including, for example— (i) the degree of trust between the persons; and (ii) the level of each person’s dependence on, and commitment to, the other person;
- (i) the degree of trust between the persons; and
- (ii) the level of each person’s dependence on, and commitment to, the other person;
- (b) the length of time for which the relationship has existed or did exist;
- (c) the frequency of contact between the persons;
- (d) the degree of intimacy between the persons.
- (i) the degree of trust between the persons; and
- (ii) the level of each person’s dependence on, and commitment to, the other person;
- (a) whether the trust, dependence or commitment is or was of the same level;
- (b) whether 1 of the persons is or was financially dependent on the other;
- (c) whether the persons jointly own or owned any property;
- (d) whether the persons have or had joint bank accounts;
- (e) whether the relationship involves or involved a relationship of a sexual nature;
- (f) whether the relationship is or was exclusive.