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RELATIONSHIPS ACT 2008 - SECT 35

Definitions

    (1)     In this Part—

S. 35(1) def. of caring partner inserted by No. 4/2009 s. 15(1)(a).

"caring partner" of a person means—

        (a)     a person with whom the person is, or has been, in a registered caring relationship;

        (b)     a person with whom the person is contemplating entering into a registered caring relationship;

"domestic partner" of a person means—

        (a)     a person with whom the person is or has been in a domestic relationship; or

        (b)     a person with whom the person is contemplating entering into a domestic relationship;

S. 35(1) def. of domestic relationship amended by No. 4/2009 s. 15(1)(b).

"domestic relationship" means—

        (a)     a registered domestic relationship; or

        (b)     a relationship between two persons who are not married to each other but who are living together as a couple on a genuine domestic basis (irrespective of gender); or

        (c)     the relationship between two adult persons who are not married to each other but are a couple where one or each of the persons in the relationship provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a relationship in which a person provides domestic support and personal care to the other person—

              (i)     for fee or reward; or

              (ii)     on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

S. 35(1) def. of financial matters amended by No. 4/2009 s. 15(1)(c).

"financial matters" means matters relating to any one or more of the following—

        (a)     the maintenance of one or both of the domestic partners or caring partners;

        (b)     the income or property of one or both of the domestic partners or caring partners;

        (c)     the financial resources of one or both of the domestic partners or caring partners;

S. 35(1) def. of financial resources amended by No. 4/2009 s. 15(1)(d).

financial resources includes—

        (a)     a prospective claim or entitlement in respect of a scheme, fund or arrangement under which superannuation, retirement or similar benefits are provided; and

        (b)     property that, under a discretionary trust, may become used for the purposes of or vested in one or both of the domestic partners or the caring partners; and

        (c)     property, the alienation or disposition of which is wholly or partly under the control of one or both of the domestic partners or the caring partners and that is lawfully capable of being used for the purposes of one or both of the domestic partners or the caring partners; and

        (d)     an indexed pension; and

        (e)     any other valuable benefit;

"property" includes—

        (a)     real and personal property; and

        (b)     any estate or interest in real or personal property; and

        (c)     money and any debt; and

        (d)     any cause of action for damages (including damages for personal injury); and

        (e)     any other thing in action; and

        (f)     any right with respect to property;

S. 35(1) def. of relationship agreement substituted by No. 4/2009 s. 15(1)(e).

relationship agreement has the meaning given by section 35A.

S. 35(2) amended by No. 4/2009 s. 15(2).

    (2)     In determining whether a domestic relationship (other than a registered domestic relationship) exists or has existed, all the circumstances of the relationship are to be taken into account, including any one or more of the following matters as may be relevant in a particular case—

        (a)     the degree of mutual commitment to a shared life;

        (b)     the duration of the relationship;

        (c)     the nature and extent of common residence;

        (d)     whether or not a sexual relationship exists;

        (e)     the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties;

        (f)     the ownership, use and acquisition of property;

        (g)     the care and support of children;

        (h)     the reputation and public aspects of the relationship.

    (3)     For the purposes of this Part, a person is not a domestic partner of another person only because they are co‑tenants.

S. 35A inserted by No. 4/2009 s. 16.



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