What it does
Mechanically, the Relationships Act 2003 (the Act) creates a statutory framework for recognising and regulating financial and property consequences of non-marital personal relationships in the State. The Act does this by defining three relationship categories (significant relationships, caring relationships and personal relationships) and by providing two parallel routes for recognition and remedial relief: (a) voluntary registration of a deed of relationship with the Registrar (Part 2, ss 11-17, 19) which gives the registered relationship treated status (ss 4(2), 5(4), 14); and (b) court-ordered adjustment of property and maintenance remedies in relation to partners who are or have been in a personal relationship (Part 5, ss 36-59). The Act also creates and governs a Relationships Register maintained by the Registrar (Part 3, ss 19-30) with rules about access, search, certification and offences relating to the Register (ss 20-29). It provides for contractual instruments between partners (personal relationship agreements and separation agreements), their enforceability at contract law (ss 60-61), and the circumstances in which a court must or may give effect to those agreements (s 62). The Act contains jurisdictional rules allocating matters between the Supreme Court and the Magistrates Court (Part 4, ss 31-35), and transitional provisions dealing with the repeal of the De Facto Relationship Act 1999 (ss 73-75).
The Act therefore performs three mechanical functions, each supported by specific provisions. First, it supplies statutory definitions and tests for what counts as a significant relationship (s 4), a caring relationship (s 5) and, cumulatively, a personal relationship (s 6). Second, it establishes a registration mechanism: who may apply, what evidence and certificates are required (s 11), the Registrar’s procedural powers and review rights (ss 12-13, 19-25), and how a deed is revoked (ss 15-18). Third, it gives courts broad remedial powers to adjust interests in property and to make maintenance orders in the interests of justice, subject to prerequisites and time limits (Part 5, ss 36-59). The Act also sets out criminal penalties for false statements (s 26) and unauthorised interference with the Register (s 27), and allows the Governor to make regulations including offences and fees (s 71, s 30).