Domestic Relationships Act 1994

The Act primarily affects unmarried adults who have been in a “domestic relationship” as defined in s 3(1): a personal relationship between two adults in which one provides personal or financial commitment and support of a domestic nature for the material benefit of the other. The definition expressly includes domestic partnerships (which themselves include civil partnerships) but excludes legal marriages. Importantly, s 3(2) makes clear that cohabitation is not essential and that paid services or charitable volunteering do not alone create the relationship.

Applicants for property adjustment or maintenance must satisfy jurisdictional gateways in ss 11–13: ACT residency on the application date, either one-third of the relationship spent in the ACT or substantial ACT contributions, and (for non-civil-partnership relationships) a minimum two-year duration unless a child exists or serious injustice would result. Time limits bar applications more than two years after relationship end unless hardship is shown (s 13).

Civil partnership provisions affect any two adults meeting the s 37C criteria who wish to obtain formal recognition. Because s 37B(3) deems civil partners to be in a domestic partnership, they automatically fall within the broader domestic-relationship rules for property and maintenance. The Act also affects third parties: purchasers in good faith are protected under s 30, while trustees, legal personal representatives and creditors may be joined or affected by orders under s 25 or s 29.

Legal practitioners have statutory duties under s 7 to encourage mediation. The registrar-general is given significant administrative functions in Part 4A and is subject to ACAT review. Children of the parties are not parties but their interests are considered in maintenance (s 19(1)(a)), duration limits (s 22), and contribution assessments (s 15(1)(c)). Estates are affected by death provisions (ss 17, 21, 36–37).

Key rights include the applicant’s right to seek property adjustment on just-and-equitable grounds (s 15) and limited maintenance (s 19). Parties to valid agreements gain certainty that courts will generally not make inconsistent orders (s 33(1)). Civil partners obtain automatic recognition as domestic partners for territory law purposes, with clear pathways to register (s 37F) and to terminate (s 37I).

Duties are largely negative. There is no general duty to maintain (s 18). Parties must not make agreements that purport to oust child-related jurisdiction (s 32(2)). A party seeking to rely on an agreement must prove the s 33(1) formalities, including independent solicitor certificates. The party serving a termination notice must effect personal service or obtain a Supreme Court order for alternative service (ss 37N–37O) and file a verifying statement. Applicants for reviewable decisions (Schedule 1) have a right to ACAT review (s 37S).

Courts have positive duties: to prefer clean-break orders (s 14), to consider the s 19(2) factors before making maintenance orders, to preserve social-security entitlements (s 19(3)), and to protect third-party interests (s 30). Mediators and registrars have procedural duties (ss 6, 9, 37F).

The Act itself contains no criminal offence provisions; penalties are limited to those arising under the general law or the Criminal Code for false or misleading statements in civil-partnership applications (noted in ss 37E(2), 37I(2), 37M). The value of a penalty unit is stated in the republication note as $160 for individuals and $810 for corporations.

Enforcement is civil. Court orders under Part 3 may be enforced by execution against property, contempt, or appointment of officers to execute instruments (s 26). Transactions to defeat claims may be set aside or restrained (s 29(1)), with collateral orders charging property or requiring proceeds to be paid into court. Maintenance arrears survive cessation of the order (s 24(3)) and can be recovered against the estate (s 36(3)). Agreements are enforceable as contracts (s 32(1)) subject to the statutory overlays in ss 33–35. Civil-partnership registration decisions are reviewable by ACAT under Part 4B; failure to comply with ACAT orders would engage general enforcement powers.

Urgent ex-parte orders are available in cases of immediate need (s 27) or to protect property (s 25(h)). Declarations under s 38 have the force of judgments.

The Act is expressly subordinate to other remedies: s 5 states that nothing in it affects rights under any other Act or law. It cross-references the Legislation Act 2001 for dictionary rules (s 2, notes), editorial amendments, penalty units (republication note), and signpost definitions. The dictionary incorporates the Legislation Act definition of “domestic partnership” which itself includes civil partnerships.

Civil partnerships interact with the Births, Deaths and Marriages Registration Act 1997 (pt 5B) for registration and with the Marriage Act 1961 (Cth) because marriage automatically ends a civil partnership (s 37H(1)(b)). The Parentage Act 2004 and federal family law interact on child-related issues; the Act preserves court power over custody, maintenance and access to children (s 32(2)).

The Magistrates Court Act 1930 supplies the jurisdictional limit for property value and claim amounts (s 10(3)). ACAT review under the ACT Civil and Administrative Tribunal Act 2008 is engaged by Part 4B. Federal superannuation laws are relevant because “financial resources” expressly include prospective superannuation entitlements (dictionary). The Act’s death provisions interact with probate and administration law (ss 17, 36–37).

Because the High Court invalidated the Marriage Equality (Same Sex) Act 2013 (ACT), the civil-partnership regime survived as the primary formal recognition vehicle until federal same-sex marriage was introduced; the present Act continues to operate for those who prefer registration without marriage.

The republication is effective 23 February 2026 and incorporates amendments made by the Justice and Community Safety Legislation Amendment Act 2026 (A2026-4) pt 7, which amended s 37D to update language around entering civil partnerships. Earlier Statute Law Amendment Act 2025 (A2025-29) made minor updates to ss 37C, 37E, 37I, 37R, 40A, 40B and 41, largely modernising language and removing redundant references.

The most significant historical expansion occurred in 2012 with the Civil Unions Act 2012 (sch 3 pt 3.10) which inserted the entire Part 4A civil-partnership regime. This was a policy response to the disallowance of the earlier Civil Unions Act 2006 and the need to provide a formal status for same-sex and opposite-sex couples before federal marriage equality. Subsequent amendments in 2013 (Marriage Equality (Same Sex) Act) were rendered ineffective by the High Court in Commonwealth v Australian Capital Territory [2013] HCA 55, but the civil-partnership machinery remained.

Red Tape Reduction Legislation Amendment Act 2016 streamlined some service and evidence requirements. The 2025–2026 amendments continue a pattern of technical refinement rather than substantive policy shift. The changes reflect the ACT’s ongoing commitment to equality of recognition and administrative efficiency while preserving the original 1994 policy of equitable adjustment based on contribution.

No major constitutional challenges to the current Act are recorded in the provided text, but the legislative history notes the High Court’s invalidation of the 2013 same-sex marriage law, which indirectly confirmed the validity of the civil-partnership scheme as a non-marital status. Earlier cases on the meaning of “domestic relationship” turned on whether the relationship exhibited the requisite commitment and support; courts have accepted that separate households do not preclude a finding (s 3(2)(a)).

Controversies have centred on the stringency of the two-year minimum relationship period (s 12) and the narrow maintenance grounds. Practitioners have criticised the “serious injustice” test in s 34 as setting a high bar for overriding otherwise valid agreements. The personal-service requirements for termination notices (ss 37N–37O) have generated litigation about what constitutes impracticability and the scope of Supreme Court discretion to order alternative service, especially where parties live interstate or overseas (s 37O(5) expressly permits orders even if the party is outside Australia).

The interaction between this Act and the Family Law Act 1975 (Cth) for opposite-sex de facto couples who have children has produced jurisdictional complexity; federal courts can deal with financial matters under the de facto property regime, while the ACT Supreme Court retains concurrent jurisdiction under this Act. The 2008 Civil Partnerships Act amendments and subsequent renumbering created transitional issues that required careful reading of the legislation history in endnotes 3 and 4.

Most practitioners miss that a termination agreement made in contemplation of ending a domestic relationship is automatically recharacterised as a domestic relationship agreement if the relationship in fact continues beyond three months (s 3A(2)). This can inadvertently preserve rights that the parties thought they had extinguished.

The s 12(2) exception to the two-year minimum relationship length is narrower than many assume: “substantial contributions” must be of the kind referred to in s 15(1)(b) or (c) and the applicant must show that failure to make an order would result in serious injustice. Mere length of cohabitation is insufficient.

Civil partnership termination by 12-month notice is not automatic; if an application is made to the Supreme Court under s 37J within the 12 months, the notice is stayed until the application is decided (s 37J(3)). Many clients assume the notice period runs inexorably.

Section 19(3) is frequently overlooked: any maintenance order must, as far as practicable, preserve the applicant’s entitlement to a pension, allowance or benefit. Drafting orders that inadvertently disqualify a party from Centrelink payments can expose lawyers to negligence claims.

The dictionary definition of “financial resources” is extraordinarily broad, capturing discretionary trusts, prospective superannuation, and any benefit of value. Courts have used this to include expected inheritances and even the value of a company controlled by one party, yet many agreements fail to address these explicitly, leading to later s 34 injustice applications.

Declarations under s 38 bind the parties for all purposes while in force, but an annulment under s 39 can trigger ancillary orders adjusting property rights retrospectively. Parties who obtain a declaration to satisfy a lender or government agency sometimes forget that it can be annulled on new facts, upsetting downstream transactions.

Compliance begins with accurate characterisation. Advisors must confirm the existence of a domestic relationship under s 3 before advising on rights. For civil partnerships, ensure both parties meet every eligibility criterion in s 37C and that the application contains all prescribed evidence under s 37M and any regulations.

When drafting domestic relationship agreements or termination agreements, obtain (and endorse on the agreement) independent solicitor certificates that comply verbatim with s 33(1)(d). Advise clients in writing of the advantages and disadvantages at the time the certificate is given. Exclude any clause that purports to oust child-related jurisdiction.

If acting for an applicant, file within two years of relationship end (s 13) unless hardship leave is clearly available. Plead the s 11 residency and contribution connections with particularity. When seeking maintenance, lead evidence on each s 19(2) factor and address s 19(3) social-security preservation.

For civil-partnership termination, use the exact statutory forms if approved under s 40B. Ensure personal service is effected in accordance with s 37N or obtain a s 37O order before filing the termination notice. Keep detailed affidavits of service.

When litigating, consider mediation referral at the earliest opportunity (ss 7–8). Draft orders that finally resolve all financial matters (s 14) and, where possible, use the menu of powers in s 25. If a trustee or third party is affected, join them or seek protective orders under s 30.

Corporate entities or government bodies providing services should note that ordinary commercial or governmental relationships are excluded from the s 3(2)(b) definition. Record-keeping of contributions (bank statements, diaries of homemaker labour) should be encouraged from the beginning of any relationship that may meet the domestic-relationship test.

Finally, keep the legislation history and endnotes 3–5 current; because the Act has been heavily amended, reliance on an out-of-date reprint can lead to misadvice on transitional application (s 4 still excludes relationships that ended before 11 July 1997). Regular reconciliation of client instructions against the exact text of ss 15, 19, 33 and 37C–37L is the single most effective compliance measure.