Australian Capital Territory Numbered Acts

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DOMESTIC RELATIONSHIPS ACT 1994 (NO. 28 OF 1994) - SECT 3

Interpretation

3. (1) In this Act, unless the contrary intention appears—“commencement day” means the day on which this Act (other than sections 1 and 2) commences; “court” means the Supreme Court or the Magistrates Court; “domestic relationship” means a personal relationship (other than a legal marriage) between 2 adults in which 1 provides personal or financial commitment and support of a domestic nature for the material benefit of the other, and includes a de facto marriage; “domestic relationship agreement” means—

        (a)     an agreement between 2 persons that—

              (i)     is made in contemplation of their entering into a domestic relationship or during the existence of a domestic relationship between them; and

              (ii)     makes provision with respect to financial matters; or

        (b)     such an agreement that varies a domestic relationship agreement;

regardless of when it is made, whether there are other parties or whether it makes provision with respect to non-financial matters;

“financial matters”, in relation to either or both of the parties to a domestic relationship, means matters with respect to the maintenance, property or financial resources of either or both of the parties;
“financial resources”, in relation to either or both of the parties to a domestic relationship, includes—

        (a)     a prospective claim or entitlement in favour of either or both of the parties in respect of a scheme, fund or arrangement under which superannuation, retirement or similar benefits are provided;

        (b)     property that, under a discretionary trust, may become vested in or used for the purposes of either or both of the parties;

        (c)     property that either or both of the parties may dispose of wholly or partially and that is capable of being used lawfully by or on behalf of either or both of the parties; and

        (d)     any other benefit of value to either or both of the parties;

“property”, in relation to either or both of the parties to a domestic relationship, means real or personal property in any form to which either is, or both are, entitled;
“termination agreement” means, subject to subsection (5)—

        (a)     an agreement between 2 persons that—

              (i)     is made in contemplation of terminating a domestic relationship that exists between them or after the termination of a domestic relationship between them; and

              (ii)     makes provision with respect to financial matters; or

        (b)     such an agreement that varies a domestic relationship agreement or termination agreement;

regardless of when it is made, whether there are other parties or whether it makes provision with respect to non-financial matters.

(2) For the purposes of the definition of “domestic relationship” in subsection (1)—

        (a)     a personal relationship may exist between persons although they are not members of the same household; and

        (b)     a personal relationship shall not be taken to exist between persons only because one of them provides a service for the other—

              (i)     for fee or reward;

              (ii)     on behalf of another person (including a government or body corporate); or

              (iii)     on behalf of an organisation the principal objects or purposes of which are charitable or benevolent.

(3) A reference in this Act to a party to a domestic relationship shall, unless the contrary intention appears, be read as including a reference to a person who has been a party to a domestic relationship that has ended.

(4) A reference in this Act to a child of the parties to a domestic relationship shall be read as a reference to each of the following children:

        (a)     a child of whom the parties are the parents;

        (b)     a child of whom the parties are presumed, by virtue of the Artificial Conception Act 1985 , to be the father and mother;

        (c)     a child adopted by both parties;

        (d)     a child for whom both parties accept responsibility for his or her long-term welfare.

(5) Where—

        (a)     a termination agreement is made in contemplation of the termination of a domestic relationship; and

        (b)     the relationship is not terminated within 3 months after the day on which the agreement is made;

the agreement shall be taken to be a domestic relationship agreement.


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