Part 1AMarital or couple relationship

Part 1A—Marital or couple relationship

1A. A person has a marital relationship with another person (the other) at a particular time if the person ordinarily lives with the other as the other’s husband, wife or partner on a permanent and bona fide domestic basis at the time. 1AA. A person is the partner of another person if the two persons have a relationship as a couple (whether the persons are the same sex or different sexes). 1B. For the purpose of this Part: (a) a person is regarded as ordinarily living with another person as that other person’s husband, wife or partner on a permanent and bona fide domestic basis at a particular time only if: (i) the person had been living with that other person as that person’s husband, wife or partner for a continuous period of at least 3 years up to that time; or (ii) the person had been living with that person as that person’s husband, wife or partner for a continuous period of less than 3 years up to that time and CSC, having regard to any relevant evidence, is of the opinion that the person ordinarily lived with that other person as that other person’s husband, wife or partner on a permanent and bona fide domestic basis at that time; whether or not the person was legally married to that other person; and (b) a person is taken to be living with another person if CSC is satisfied that the person would have been living with that person except for a period of: (i) temporary absence; or (ii) absence because of special circumstances (for example, absence because of a person’s illness or infirmity or a posting of the person); and (c) A marital or couple relationship begins at the beginning of the continuous period mentioned in subparagraph (a)(i) or (ii). 1C. For the purposes of item 1B, relevant evidence includes, but is not limited to, evidence establishing any of the following: (a) the person was wholly or substantially dependent on that person at the time; (b) the persons were legally married to each other at the time; (ba) the persons’ relationship was registered under a law of a State or Territory prescribed for section 22B of the Acts Interpretation Act 1901; (c) the persons had a child who was: (i) born of the relationship between the persons; or (ii) adopted by the persons during the period of the relationship; or (iii) a child of both of the persons, within the meaning of the Family Law Act 1975; (d) the persons jointly owned a home which was their usual residence.