Australian Capital Territory
Domestic Relationships Act 1994    
A1994-28
Republication No 14
Effective:  25 November 2013
Republication date: 25 November 2013
Last amendment made by A2013‑44

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Domestic Relationships Act 1994 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 25 November 2013.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 25 November 2013.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $140 for an individual and $700 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Domestic Relationships Act 1994

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Dictionary	2
	2A	Notes	2
	3	Meaning of domestic relationship	2
	3A	Termination agreements	3
	4	Application of Act	4
	5	Other relief or remedies not affected	4
Part 2	Mediation and arbitration
	6	Advice about facilities	5
	7	Conciliation	5
	8	Referral of matters for mediation or arbitration	5
	9	Admissions made to mediators	6
Part 3	Adjustment of property interests and maintenance
Division 3.1	Preliminary
	10	Institution of proceedings	7
	11	Prerequisite for relief—residence etc	8
	12	Prerequisite for relief—length of relationship etc	8
	13	Time limit for making applications	9
	14	Court to end financial relations	9
Division 3.2	Adjustment of property interests
	15	Property orders	9
	16	Deferment of order	10
	17	Death of party—effect on proceedings	10
Division 3.3	Maintenance
	18	No general right to maintenance	10
	19	Maintenance orders	11
	20	Interim maintenance	12
	21	Death of party—effect on application	12
	22	Periodic maintenance orders—duration	12
	23	Periodic maintenance orders—variation etc	13
	24	Periodic maintenance orders—cessation	14
Division 3.4	General
	25	Court orders etc	15
	26	Execution of instruments by order of court	16
	27	Urgent orders etc in the absence of a party	16
	28	Variation and setting aside of orders	17
	29	Transactions to defeat claims	18
	30	Interests of other parties	18
Part 4	Domestic relationship agreements and termination agreements
	31	Meaning of agreement for pt 4	19
	32	Validity of agreements	19
	33	Effect of agreements in proceedings under pt 3	19
	34	Variation etc of agreements	20
	35	Revocation etc of agreements	20
	36	Death of party—effect on periodic maintenance under agreement	21
	37	Death of party—transfer of property and lump sum payments under agreement	21
Part 4A	Civil partnerships
Division 4A.1	General
	37A	Definitions—pt 4A	22
	37B	Civil partnerships—general	22
Division 4A.2	Eligibility for entering into civil partnership
	37C	Eligibility criteria	22
Division 4A.3	Entering into civil partnership
	37D	How civil partnership is entered into	23
	37E	Application for registration	23
	37F	Decision on application	25
	37G	When civil partnership has effect	25
Division 4A.4	Ending civil partnership
	37H	How civil partnership ends	25
	37I	Ending civil partnership by parties	26
	37J	Order that termination notice not effective	27
	37K	Ending civil partnership by court order	28
Division 4A.5	Other matters
	37L	Void civil partnerships	28
	37M	Evidence of identity and age	29
	37N	Personal service of termination and withdrawal notices	30
	37O	If personal service impracticable or impossible	30
	37P	Civil partnerships under corresponding laws	31
Part 4AB	Civil unions
Division 4AB.1	Preliminary
	37PA	Application—pt 4AB	32
	37PB	Definitions—pt 4AB	32
Division 4AB.2	Ending civil union
	37PC	How civil union ends	32
	37PD	Ending civil union by parties	33
	37PE	Order that termination notice not effective	34
	37PF	Ending civil union by court order	35
	37PG	Personal service of termination and withdrawal notices	35
	37PH	If personal service impracticable or impossible	36
Part 4B	Notification and review of decisions
	37Q	Meaning of reviewable decision—pt 4B	37
	37R	Reviewable decision notices	37
	37S	Applications for review	37
Part 5	Miscellaneous
	38	Declarations—existence of domestic relationship	38
	39	Annulment of declaration	38
	40	Declarations—interests in property	39
	40A	Determination of fees	39
	40B	Approved forms	39
	41	Regulation-making power	39
Schedule 1	Reviewable decisions	41
Dictionary		42
Endnotes
	1	About the endnotes	45
	2	Abbreviation key	45
	3	Legislation history	46
	4	Amendment history	49
	5	Earlier republications	56

Australian Capital Territory
Domestic Relationships Act 1994

An Act to make provision with respect to certain domestic relationships

    

Part 1	Preliminary
    
1	Name of Act
This Act is the Domestic Relationships Act 1994.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘agreement, for part 4 (Domestic relationship agreements and termination agreements)—see section 31.’ means that the term ‘agreement’ is defined in that section for part 4.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
2A	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.
3	Meaning of domestic relationship
	(1)	In this Act:
domestic relationship means a personal relationship between 2 adults in which one provides personal or financial commitment and support of a domestic nature for the material benefit of the other and—
	(a)	includes a domestic partnership and marriage under the Marriage Equality (Same Sex) Act 2013; but
	(b)	does not include any other legal marriage.
Note	For the meaning of domestic partnership, see the Legislation Act, s 169. It includes a civil union and a civil partnership.
	(2)	For subsection (1)—
	(a)	a personal relationship may exist between people although they are not members of the same household; and
	(b)	a personal relationship is not taken to exist between people only because one of them provides a service for the other—
	(i)	for fee or reward; or
	(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.
3A	Termination agreements
	(1)	In this Act:
termination agreement means—
	(a)	an agreement between 2 people 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 about non-financial matters.
	(2)	However, a termination agreement is taken to be a domestic relationship agreement if—
	(a)	the 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.
4	Application of Act
This Act does not apply in relation to—
	(a)	a domestic relationship that ceased before the commencement day; or 
	(b)	a person to the extent that he or she was a party to such a relationship.
5	Other relief or remedies not affected
Nothing in this Act affects any right of a party to a domestic relationship to any remedy or relief under any other Act or law.

Part 2	Mediation and arbitration
    
6	Advice about facilities
	(1)	On request by—
	(a)	a party to a domestic relationship; or
	(b)	a party to proceedings under this Act;
the registrar of a court must, as far as practicable, advise the person about any mediation or arbitration facilities available in the court or elsewhere in relation to matters with respect to which proceedings could be instituted under this Act, and how those facilities are made available.
	(2)	In subsection (1):
registrar includes a deputy registrar.
7	Conciliation
If proceedings under this Act have been instituted, it is the duty of the court and each lawyer representing a party to the proceedings, as far as practicable—
	(a)	to allow the parties to settle the matters in dispute; and
	(b)	to encourage the parties to seek the assistance of the mediation and arbitration facilities referred to in section 6.
8	Referral of matters for mediation or arbitration
	(1)	A court may refer any of the matters in dispute in proceedings before it to a mediator.
	(2)	A court may refer proceedings before it, or any part of them or any matter arising in them, to an arbitrator.
9	Admissions made to mediators
Evidence of anything said, or of any admission made, at a conference conducted by a mediator under a referral under section 8 (1) is not admissible in proceedings in a court or before a tribunal or person having authority under a law in force in the ACT, or by consent of parties, to hear evidence.

Part 3	Adjustment of property interests and maintenance
Division 3.1	Preliminary
10	Institution of proceedings
	(1)	Subject to subsection (2), proceedings under this Act may be instituted in—
	(a)	the Supreme Court; or
	(b)	the Magistrates Court.
	(2)	Unless the parties agree and the Magistrates Court thinks it is desirable to do so, that court does not have jurisdiction to hear and decide proceedings under this Act if—
	(a)	the amount claimed (whether initially or as reduced by payment, admitted set-off or otherwise) exceeds the jurisdictional limit of the court; or
	(b)	the proceedings relate to a declaration in relation to title or right to property and the value of the property, or of the right to it, exceeds the jurisdictional limit of the court.
	(3)	In subsection (2):
jurisdictional limit means the maximum amount that may be claimed in a personal action at law that the Magistrates Court has jurisdiction to hear and decide under the Magistrates Court Act 1930.
11	Prerequisite for relief—residence etc
	(1)	A court must not make an order under this part unless it is satisfied—
	(a)	that either or both of the parties to the domestic relationship were resident in the ACT on the day on which the application for the order was made; and 
	(b)	that—
	(i)	both parties to the relationship have resided in the ACT for at least 1/3 of the period of their relationship; or 
	(ii)	substantial contributions of the kind referred to in section 15 (1) (b) or (c) have been made in the ACT by the applicant.
	(2)	If the court is so satisfied, it may make or refuse to make an order under this part because of facts and circumstances even though they, or some of them, took place before the commencement day or outside the ACT.
12	Prerequisite for relief—length of relationship etc
	(1)	A court must not make an order under this part in relation to a domestic relationship (other than a civil union or civil partnership) unless satisfied that the domestic relationship has existed between the applicant and respondent for not less than 2 years.
	(2)	However, if the court is not so satisfied, it may make an order under this part if it is satisfied that—
	(a)	there is a child of the parties to the relationship; or
	(b)	the applicant—
	(i)	has made substantial contributions of the kind referred to in section 15 (1) (b) or (c) for which the applicant would otherwise not be adequately compensated if the order were not made; or 
	(ii)	has the care and control of a child of the respondent;
and that the failure to make the order would result in serious injustice to the applicant.
13	Time limit for making applications
	(1)	An application for an order under this part by a party to a domestic relationship that has ended must not be made more than 2 years after the day on which the relationship ended.
	(2)	A court may grant leave to a person to apply for an order under this part after the end of the period referred to in subsection (1) if it is satisfied that greater hardship would be caused to the applicant if leave were refused than would be caused to the respondent if leave were granted.
14	Court to end financial relations
As far as practicable, a court must make orders under this part that will end the financial relationship between the parties to the domestic relationship and avoid further proceedings between them.
Division 3.2	Adjustment of property interests 
15	Property orders
	(1)	On application by a party to a domestic relationship, a court may make an order adjusting the interests in the property of either or both of the parties that seems just and equitable to it having regard to—
	(a)	the nature and duration of the relationship; and
	(b)	the financial or non-financial contributions made directly or indirectly by or on behalf of either or both of the parties to the acquisition, conservation or improvement of any of the property or financial resources of either or both of them; and
	(c)	the contributions (including any in the capacity of homemaker or parent) made by either of the parties to the welfare of the other or any child of the parties; and
	(d)	the matters referred to in section 19 (2), as far as they are relevant; and
	(e)	such other matters (if any) as the court considers relevant.
	(2)	A court may make an order under subsection (1) whether or not it has declared the title or rights of a party in respect of the property.
16	Deferment of order
If a court is satisfied that a party to a domestic relationship is likely to become entitled soon to property that may be applied in satisfaction of an order under this part, it may defer the operation of the order until a date, or the occurrence of an event, specified in the order.
17	Death of party—effect on proceedings
If a party to proceedings under this division dies before the proceedings are completed and the proceedings are continued by or against the legal personal representative of the deceased party, a court may make an order under this division if it is of the opinion that—
	(a)	it would have adjusted interests in respect of the property but for the death; and
	(b)	despite the death, it is still appropriate to adjust those interests.
Division 3.3	Maintenance
18	No general right to maintenance
Except as otherwise provided by this division, a party to a domestic relationship is not liable to maintain the other party to the relationship.
19	Maintenance orders
	(1)	On an application by a party to a domestic relationship, a court may order the other party to the relationship to pay an amount, or periodic amounts, by way of maintenance to the applicant if it is satisfied that—
	(a)	the applicant is unable to support himself or herself adequately because of having the care and control of a child of the parties, or a child of the other party, who, on the day on which the application is made, has not attained the age of—
	(i)	12 years; or
	(ii)	if the child has a physical or mental disability—16 years; or
	(b)	the applicant is unable to support himself or herself adequately because the applicant’s earning capacity has been adversely affected by the circumstances of the relationship and the court is satisfied that—
	(i)	an order for maintenance would increase the applicant’s earning capacity by enabling the applicant to undertake a course or program of training or education; and
	(ii)	it is reasonable to make the order, having regard to all the circumstances of the case.
	(2)	In exercising a power under subsection (1), a court must have regard to—
	(a)	the income, property and financial resources of each party; and
	(b)	the physical and mental capacity of each party for appropriate gainful employment; and
	(c)	the financial needs and obligations of each party; and
	(d)	the responsibilities of either party to support any other person; and
	(e)	the terms of any order made or proposed to be made under section 15 with respect to the property of either or both of the parties; and 
	(f)	any payments made to the applicant, under an order of a court or otherwise, in respect of the maintenance of a child or children.
	(3)	In making an order for maintenance, a court must ensure that the terms of the order will, as far as practicable, preserve any entitlement of the applicant to a pension, allowance or benefit.
20	Interim maintenance
If a court is satisfied that an applicant for an order under this part is in immediate need of financial assistance, but it is not practicable in the circumstances to determine immediately what order (if any) should be made, the court may order the other party to the domestic relationship to pay to the applicant such periodic or other amounts as the court considers reasonable, until the application is determined.
21	Death of party—effect on application
Proceedings on an application for an order under this division may not be continued after the death of either party to the domestic relationship.
22	Periodic maintenance orders—duration
	(1)	Subject to subsections (2), (3) and (4) and sections 23 and 24, an order for periodic maintenance has effect for the period ascertained in accordance with the order.
	(2)	An order for periodic maintenance in respect of a child, based solely on the ground specified in section 19 (1) (a), must not be made in respect of a period after the child attains the age of—
	(a)	12 years; or
	(b)	if the child has a physical or mental disability—16 years.
	(3)	An order for periodic maintenance based solely on the ground specified in section 19 (1) (b) must not be made in respect of a period after—
	(a)	the expiration of the period of 3 years commencing on the date of the order; or
	(b)	the expiration of the period of 4 years commencing on the date on which the parties to the domestic relationship ended, or last ended, their relationship;
whichever occurs sooner.
	(4)	An order for periodic maintenance based on the grounds specified in section 19 (1) (a) and (b) must have effect for a period determined by the court, not exceeding the period permissible under subsection (2) or (3), whichever is longer.
23	Periodic maintenance orders—variation etc
	(1)	On application by a person in respect of whom an order for periodic maintenance has been made, a court may—
	(a)	subject to subsection (2), discharge the order; or
	(b)	suspend the operation of the order, wholly or in part, for a specified period or until a specified time or event; or
	(c)	revoke a suspension under paragraph (b), wholly or in part; or
	(d)	subject to subsection (2) and sections 19, 22 and 24, vary the order.
	(2)	A court must not discharge the order, or vary the amount of maintenance ordered to be paid, unless it is satisfied that, since the order was made, or last varied—
	(a)	the circumstances of either party have so changed; or
	(b)	the cost of living has changed to such an extent;
as to justify it doing so.
	(3)	For subsection (2) (b), a court must have regard to any changes that have occurred since the order was made or last varied in—
	(a)	the consumer price index (all groups index) issued by the Australian statistician; or
	(b)	if the regulations prescribe a group of numbers or amounts issued by the Australian statistician that relate to the price of goods and services (other than the group set out in that index)—the prescribed group.
	(4)	In considering the variation of an order, a court must not have regard to a change in the cost of living unless at least 12 months have elapsed since the order was made or last varied having regard to a change in the cost of living.
	(5)	An order decreasing the amount of a periodic sum payable under an order may be expressed to be retrospective to such date as the court thinks fit.
24	Periodic maintenance orders—cessation
	(1)	An order for periodic maintenance ceases to have effect, to the extent that it relates to the maintenance of a child by virtue of section 19 (1) (a), on the expiration of the day on which the person in whose favour the order was made ceases to have the care and control of the child.
	(2)	An order for periodic maintenance ceases to have effect on the death of either party to the domestic relationship.
	(3)	The cessation of an order does not affect the recovery of arrears of maintenance due when the order ceased to have effect.
Division 3.4	General
25	Court orders etc
For this Act but without limiting the other provisions of this part, a court may—
	(a)	order the transfer of property; or
	(b)	order the sale of property and the distribution of the proceeds of sale in such proportions as it thinks fit; or
	(c)	order that any necessary deed or instrument be executed and that documents of title be produced or other things be done to enable an order to be carried out effectively or to provide security for the due performance of an order; or
	(d)	order payment of a lump sum, whether in 1 amount or by instalments; or
	(e)	order payment of a periodic sum; or 
	(f)	order that payment of any sum ordered to be paid be wholly or partly secured in such manner as the court directs; or
	(g)	appoint or remove trustees; or
	(h)	make an order or grant an injunction—
	(i)	to protect, or otherwise relating to, the property or financial resources of either or both of the parties to the relationship; or
	(ii)	to aid enforcement of any other order made in respect of an application; or
	(i)	impose terms and conditions; or
	(j)	make an order by consent; or
	(k)	make an order in the absence of a party; or
	(l)	make any other order or grant any other injunction (whether or not of the same nature as those mentioned in paragraphs (a) to (k)) that it considers is necessary to do justice.
26	Execution of instruments by order of court
	(1)	If—
	(a)	a person fails to comply with an order directing the person to execute a deed or an instrument; or
	(b)	for any other reason, a court thinks it necessary to do so;
the court may appoint an officer of the court or other person to execute the deed or instrument in the name of the firstmentioned person and to do all acts and things necessary to give effect to the deed or instrument.
	(2)	The execution of the deed or instrument by the person so appointed has the same effect as if it had been executed by the person directed by the order to execute it.
	(3)	A court may make such order as it thinks just as to the payment of the costs and expenses of, and incidental to, the preparation and execution of the deed or instrument.
27	Urgent orders etc in the absence of a party
	(1)	In a case of urgency, a court may—
	(a)	make an order under section 20; or
	(b)	make an order or grant an injunction referred to in section 25 (h);
in the absence of a party.
	(2)	An application for relief under this section may be made orally or in writing or in any form the court considers appropriate.
	(3)	A court must not make an order or grant an injunction on an application that is not in writing unless it considers that it is necessary to do so because of the extreme urgency of the case.
	(4)	A court may give directions with respect to the filing, serving and further hearing of a written application.
	(5)	An order made or injunction granted on an application under this section must be expressed to operate or apply until a specified time or the further order of the court.
	(6)	A court may give directions with respect to—
	(a)	the service of the order or injunction and any other documents it thinks fit; and
	(b)	the hearing of an application for a further order.
28	Variation and setting aside of orders
If, on the application of a person in respect of whom an order under section 15 or 19 is in force, a court is satisfied that—
	(a)	there has been a miscarriage of justice because of fraud, duress, suppression of evidence, the giving of false evidence or any other circumstance; or
	(b)	in the circumstances that have arisen since the order was made, it is impracticable for the order, or a part of the order, to be carried out; or
	(c)	a person has defaulted in carrying out an obligation imposed by the order and, in the circumstances that have arisen as a result of that default, it is just and equitable to vary the order or set it aside and make a substitute;
the court may vary the order or set it aside and, if it thinks fit, make another order under this part in substitution for the order.
29	Transactions to defeat claims
	(1)	On an application for an order under this part, a court may set aside or restrain the making of an instrument or a disposition of property by, or on behalf of or in the interest of, a party that is made or proposed to be made to defeat an existing or anticipated order relating to the application, or which, irrespective of intention, is likely to defeat any such order.
	(2)	The court may, without limiting the operation of section 25, order that any property dealt with by the instrument or disposition may be taken in execution of, or used or applied in, or charged with, the payment of any sum payable under an order under this part or for costs as the court directs, or that the proceeds of a sale must be paid into court to await its order.
	(3)	The court may order a person who acts in collusion with a party in relation to the making of the instrument or disposition to pay the costs of any other party or of a purchaser in good faith or other interested person in relation to the instrument or disposition or the setting aside or restraining of the instrument or disposition.
30	Interests of other parties
In the exercise of a power under this part, a court must have regard to the interests, and must make any order proper for the protection, of a purchaser in good faith or other interested person.

Part 4	Domestic relationship agreements and termination agreements
    
31	Meaning of agreement for pt 4
In this part:
agreement means a domestic relationship agreement or a termination agreement.
32	Validity of agreements
	(1)	Except as otherwise provided by this part, an agreement is subject to, and enforceable in accordance with, the law of contract.
	(2)	Nothing in an agreement affects the power of a court to make an order with respect to—
	(a)	the right to custody or maintenance of, or access to; or
	(b)	any other matter relating to;
a child of the parties to the agreement.
	(3)	A provision in an agreement purporting to exclude the jurisdiction of a court is invalid but its invalidity does not affect the validity of the rest of the agreement.
33	Effect of agreements in proceedings under pt 3
	(1)	In proceedings under part 3, if a court is satisfied that—
	(a)	there is an agreement between the parties to a domestic relationship; and
	(b)	the agreement is in writing; and
	(c)	the agreement is signed by the party against whom it is sought to be enforced; and
	(d)	before the agreement was signed each party was given a certificate by a solicitor to the effect that the solicitor had advised the party, independently of the other party, about—
	(i)	the effect of the agreement on the rights of the parties under this Act; and
	(ii)	the advantages and disadvantages for the party, at the time the advice was given, of making the agreement; and
	(e)	the certificates referred to in paragraph (d) are endorsed on or accompany the agreement;
the court must not (except as provided by sections 34 and 35) make an order under part 3 that would be inconsistent with the terms of the agreement. 
	(2)	In proceedings under part 3, if a court is satisfied that there is an agreement between the parties to a domestic relationship, but is not satisfied as to any 1 or more of the matters referred to in subsection (1) (b), (c), (d) or (e), the court may nevertheless have regard to the terms of the agreement in making any order under that part.
34	Variation etc of agreements
In proceedings under part 3, a court may vary or set aside any of the provisions of an agreement, even though the matters mentioned in sections 33 (1) (b), (c), (d) and (e) are satisfied, only if it is satisfied that the enforcement of the agreement would result in serious injustice.
35	Revocation etc of agreements
In proceedings under part 3, a court is not required to give effect to the terms of an agreement if it is satisfied that—
	(a)	the parties have, by words or conduct, revoked the agreement or consented to its revocation; or
	(b)	the agreement has otherwise ceased to have effect.
36	Death of party—effect on periodic maintenance under agreement
	(1)	The provisions of an agreement requiring a person to pay periodic maintenance cease to have effect on the death of the person, unless the agreement provides otherwise.
	(2)	The provisions of an agreement providing for a person to receive periodic maintenance cease to have effect on the death of the person.
	(3)	Subsections (1) and (2) do not affect the right to recover arrears of periodic maintenance due under the agreement at the time of the party’s death.
37	Death of party—transfer of property and lump sum payments under agreement
The provisions of an agreement relating to property or lump sum payments may, on the death of a party, be enforced on behalf of, or against the estate of the deceased party, as the case may be, except to the extent that the agreement provides otherwise.

Part 4A	Civil partnerships
Division 4A.1	General
37A	Definitions—pt 4A
In this part:
prohibited relationship—see section 37C.
termination notice—see section 37I (1).
withdrawal notice—see section 37I (3).  
37B	Civil partnerships—general
	(1)	A civil partnership is a legally recognised relationship entered into under this Act.
	(2)	A civil partnership ends only as provided by division 4A.4. 
Note	Div 4A.4 provides for ending civil partnerships by death, marriage, notice by parties or court order. 
	(3)	The 2 parties to a civil partnership are taken, for all purposes under territory law, to be in a domestic partnership.
Note	For the meaning of domestic partnership, see the Legislation Act, s 169.  It includes a civil union and a civil partnership.
Division 4A.2	Eligibility for entering into civil partnership
37C	Eligibility criteria
A person may enter into a civil partnership only if—
	(a)	the person is not married, in a civil union or in a civil partnership; and
	(b)	the person does not have any of the following relationships (a prohibited relationship) with the person’s proposed civil partner:
	(i)	lineal ancestor;
	(ii)	lineal descendent;
	(iii)	sister;
	(iv)	half-sister;
	(v)	brother;
	(vi)	half-brother; and
	(c)	the person or the person’s proposed civil partner, or both of them, live in the ACT.
Division 4A.3	Entering into civil partnership
37D	How civil partnership is entered into
Two adults who are in a relationship as a couple, regardless of their sex, and who meet the eligibility criteria in section 37C, may enter into a civil partnership by having their relationship registered under section 37F.
Note	The registrar-general must enter particulars of a civil partnership entered into under this Act in the register under the Births, Deaths and Marriages Registration Act 1997, pt 5B.
37E	Application for registration
	(1)	Two people who wish to enter into a civil partnership may apply to the registrar-general for registration of their relationship as a civil partnership.
Note	If a form is approved under s 40B for an application, the form must be used.
	(2)	The application must be accompanied by—
	(a)	a statutory declaration made by each person stating—
	(i)	that the person wishes to enter into a civil partnership with the other person; and
	(ii)	that the person is not married, in a civil union or in a civil partnership; and
	(iii)	that the person believes the person and the other person do not have a prohibited relationship; and
	(iv)	where the person lives; and
Note 1	The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
Note 2	The Criminal Code includes an offence for  making false statements in statutory declarations (see s 336A).
	(b)	the evidence required under section 37M of each person’s identity and age; and
	(c)	anything else prescribed by regulation.
Note 1	The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
Note 2	The Criminal Code includes an offence for  making false statements in statutory declarations (see s 336A).
	(3)	The registrar-general may require the applicants to give the registrar additional information or documents the registrar reasonably needs to decide the application.
	(4)	If a requirement under subsection (3) is not complied with, the registrar-general may refuse to consider the application further.
37F	Decision on application
	(1)	On application under section 37E, the registrar‑general must—
	(a)	register the relationship as a civil partnership by making an endorsement to that effect on the application; or
	(b)	refuse to register the relationship as a civil partnership.
	(2)	The registrar-general must register the relationship as a civil partnership unless satisfied that 1 or both of the parties do not meet the eligibility criteria in section 37C.
Note	The registrar-general must include particulars of a civil partnership  in the register under the Births, Deaths and Marriages Registration Act 1997, pt 5B.
37G	When civil partnership has effect
A civil partnership entered into under this part has effect when the registrar-general registers the relationship under section 37F (1) (a).
Division 4A.4	Ending civil partnership
37H	How civil partnership ends
	(1)	A civil partnership ends on—
	(a)	the death of either party; or
	(b)	the marriage of either party; or
	(c)	if the parties to the civil partnership enter into a marriage under the Marriage Equality (Same Sex) Act 2013 with each other—the end of that marriage.
	(2)	A civil partnership also ends if it is ended by—
	(a)	a party (or both parties) under section 37I; or
	(b)	a court order under section 37K.
37I	Ending civil partnership by parties
	(1)	If a party to a civil partnership wishes, or both parties to a civil partnership wish, to end the civil partnership, the party (or parties) may give the registrar-general a written notice of intention to end the civil partnership (a termination notice).
Note 1	If a form is approved under s 40B for a notice, the form must be used.
Note 2	A fee may be determined under s 40A for this provision.
	(2)	However, if a termination notice is given by only 1 party, the notice is effective only if—
	(a)	a copy of the notice has been served personally on the other party; and
	(b)	a statutory declaration is given to the registrar-general with the notice that—
	(i)	is made by the person who served the notice; and
	(ii)	states that the notice was served personally by the person on the other party on the date stated in the statutory declaration.
Note 1	For provision about service of notices, see s 37N and s 37O.
Note 2	The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
Note 3	The Criminal Code includes an offence for  making false statements in statutory declarations (see s 336A).
	(3)	A termination notice may, within 12 months after the day it was given to the registrar-general, be withdrawn by written notice (a withdrawal notice) given to the registrar by the party (or parties) who gave the termination notice.
Note 1	If a form is approved under s 40B for a notice, the form must be used.
Note 2	A fee may be determined under s 40A for this provision.
	(4)	However, if a withdrawal notice is given by only 1 party, the notice is effective only if—
	(a)	a copy of the notice has been served personally on the other party; and
	(b)	a statutory declaration is given to the registrar-general with the notice that—
	(i)	is made by the person who served the notice; and
	(ii)	states that the notice was served personally by the person on the other party on the date stated in the statutory declaration.
Note 1	For provision about service of notices, see s 37N and s 37O.
Note 2	The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
Note 3	The Criminal Code includes an offence for  making false statements in statutory declarations (see s 336A).
	(5)	A civil partnership ends 12 months after the day a termination notice is given to the registrar-general in accordance with this section, unless—
	(a)	the notice has been withdrawn under this section; or
	(b)	the Supreme Court makes an order under section 37J (2); or
	(c)	the operation of the notice is stayed under section 37J (3); or
	(d)	the civil partnership has already ended under section 37H (1).
37J	Order that termination notice not effective
	(1)	This section applies if a party (or parties) to a civil partnership give the registrar-general a termination notice.
	(2)	On application by a party to the civil partnership, the Supreme Court may make an order that the termination notice is not effective if the court considers that it is not the intention, or is no longer the intention, of the party (or parties) who gave the notice to end the civil partnership.
	(3)	If an application mentioned in subsection (2) has been made but not decided within 12 months after the day the termination notice is given, the application stays the operation of the notice until the application is decided.
	(4)	If the Supreme Court makes an order under this section, the court must give a copy of the order to the registrar-general.
37K	Ending civil partnership by court order
	(1)	On application by a party to a civil partnership, the Supreme Court may make an order ending the civil partnership if the court considers that—
	(a)	the civil partnership cannot be ended under section 37I; but
	(b)	it is not the intention, or is no longer the intention, of both parties to be in the civil partnership.
	(2)	If the Supreme Court makes an order under subsection (1), the court must give a copy of the order to the registrar-general not later than 28 days after the day the order is made.
Division 4A.5	Other matters
37L	Void civil partnerships
A civil partnership is void if—
	(a)	either party did not meet the eligibility criteria under section 37C when the relationship was registered as a civil partnership; or
	(b)	either party did not freely enter into the civil partnership because—
	(i)	the party’s agreement to enter into the civil partnership was obtained by duress or fraud; or
	(ii)	the party was mistaken about the identity of the other party or the nature of the application under section 37E; or
	(iii)	the party was mentally incapable of understanding the nature and effect of the civil partnership.
37M	Evidence of identity and age
	(1)	For section 37E (2) (b), the evidence of identity and age required for each person is—
	(a)	the person’s birth certificate; or
	(b)	the person’s citizenship certificate; or
	(c)	the person’s current passport; or
	(d)	a statutory declaration made by the person stating—
	(i)	that it is impracticable to obtain a document mentioned in paragraph (a), (b) or (c); and 
	(ii)	to the best of the person’s knowledge and belief, and as accurately as the person has been able to find out, when and where the person was born.
Note 1	The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
Note 2	The Criminal Code includes an offence for  making false statements in statutory declarations (see s 336A).
	(2)	In this section:
birth certificate, for a person, means the person’s birth certificate, or a certified extract about the person’s birth from the register, under the Births, Deaths and Marriages Registration Act 1997 or a corresponding law of a State, external territory or foreign country.
citizenship certificate, for a person, means a certificate, declaration, notice or other instrument of a person’s nationality under the Australian Citizenship Act 2007 (Cwlth) or the Australian Citizenship Act 1948 (Cwlth) (repealed).
37N	Personal service of termination and withdrawal notices
	(1)	This section applies if a termination notice or withdrawal notice must be served personally on a party to a civil partnership under section 37I (Ending civil partnership by parties).
	(2)	To serve the notice personally on the party, the person serving the notice must—
	(a)	give the party a copy of the notice; or
	(b)	if the party does not accept the copy—put the copy down in the party’s presence and tell the party in general terms what it is; or
	(c)	if the person serving the notice is prevented from approaching the party by violence or threat of violence—put the copy down as near as practicable to, but in the sight of, the party.
37O	If personal service impracticable or impossible
	(1)	This section applies if—
	(a)	a termination notice or withdrawal notice must be served personally on a party to a civil partnership under section 37I; and
	(b)	personal service of the notice is not practicable.
	(2)	The person serving the notice may apply to the Supreme Court for an order allowing the notice to be served in another way (the alternative way).
	(3)	The Supreme Court may make an order if satisfied that—
	(a)	it is not practicable, for any reason, for the notice to be served personally under section 37N; and
	(b)	the alternative way is reasonably likely to bring the notice to the attention of the party.
	(4)	If the Supreme Court makes an order, the court may, in the order, provide that the notice is taken to have been served on the happening of a stated event, at a stated time or at the end of a stated period.
	(5)	The Supreme Court may make an order under subsection (3) even though the party is not in the ACT or Australia.
	(6)	For section 37I, if a notice is served on a party in accordance with an order under subsection (3), the notice is taken to have been served personally on the party.
37P	Civil partnerships under corresponding laws
	(1)	A regulation may provide that a relationship under a law of a State, external territory or foreign country (a corresponding law) is a civil partnership for territory law.
	(2)	However, a regulation must not provide that a relationship under a corresponding law is a civil partnership for territory law unless, under the corresponding law, the relationship—
	(a)	must be between 2 people; and
	(b)	must be entered into consensually; and
	(c)	must not be entered into by people who are in a prohibited relationship with each other.

Part 4AB	Civil unions
Division 4AB.1	Preliminary
37PA	Application—pt 4AB
This part applies to a civil union that—
	(a)	was entered into before the day the Marriage Equality (Same Sex) Act 2013 commences; and
	(b)	immediately before that day, had not ended under the Civil Unions Act 2012 (repealed).
37PB	Definitions—pt 4AB
In this part:
termination notice—see section 37PD (1).
withdrawal notice—see section 37PD (3).
Division 4AB.2	Ending civil union
37PC	How civil union ends
	(1)	A civil union ends on—
	(a)	the death of either party; or
	(b)	the marriage of either party; or
	(c)	if the parties to the civil union enter into a marriage under the Marriage Equality (Same Sex) Act 2013 with each other—the end of that marriage.
	(2)	A civil union also ends if it is ended by—
	(a)	a party (or both parties) under section 37PD; or
	(b)	a court order under section 37PF.
37PD	Ending civil union by parties
	(1)	If a party to a civil union wishes, or both parties to a civil union wish, to end the civil union, the party (or parties) may give the registrar-general written notice of intention to end the civil union (a termination notice).
Note 1	If a form is approved under s 40B for a notice, the form must be used.
Note 2	A fee may be determined under s 40A for this provision.
	(2)	However, if a termination notice is given by only 1 party, the notice is effective only if—
	(a)	a copy of the notice has been served personally on the other party; and
	(b)	a statutory declaration is given to the registrar-general with the notice that—
	(i)	is made by the person who served the notice; and
	(ii)	states that the notice was served personally by the person on the other party on the date stated in the statutory declaration.
Note 1	For provision about service of notices, see s 37PG and s 37PH.
Note 2	The Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.
Note 3	The Criminal Code includes an offence for  making false statements in statutory declarations (see s 336A).
	(3)	A termination notice may, within 12 months after the day it was given to the registrar-general, be withdrawn by written notice (a withdrawal notice) given to the registrar-general by the party (or parties) who gave the termination notice.
Note 1	If a form is approved under s 40B for a notice, the form must be used.
Note 2	A fee may be determined under s 40A for this provision.
	(4)	However, if a withdrawal notice is given by only 1 party, the notice is effective only if—
	(a)	a copy of the notice has been served personally on the other party; and
	(b)	a statutory declaration is given to the registrar-general with the notice that—
	(i)	is made by the person who served the notice; and
	(ii)	states that the notice was served personally by the person on the other party on the date stated in the statutory declaration.
	(5)	A civil union ends 12 months after the day the termination notice is given to the registrar-general in accordance with this section, unless—
	(a)	the notice has been withdrawn under this section; or
	(b)	the Supreme Court makes an order under section 37PE (2); or
	(c)	the operation of the notice is stayed under section 37PE (3); or
	(d)	the civil union has already ended under section 37PC (1).
37PE	Order that termination notice not effective
	(1)	This section applies if a party (or parties) to a civil union give the registrar-general a termination notice.
	(2)	On application by a party to the civil union, the Supreme Court may make an order that the termination notice is not effective if the court considers that it is not the intention, or is no longer the intention, of the party (or parties) who gave the notice to end the civil union.
	(3)	If an application mentioned in subsection (2) has been made but not decided within 12 months after the day the termination notice is given, the application stays the operation of the notice until the application is decided.
	(4)	If the Supreme Court makes an order under this section, the court must give a copy of the order to the registrar-general.
37PF	Ending civil union by court order
	(1)	On application by a party to a civil union, the Supreme Court may make an order ending the civil union if the court considers that—
	(a)	the civil union cannot be ended under section 37PD; but
	(b)	it is not the intention, or is no longer the intention, of both parties to be in the civil union.
	(2)	If the Supreme Court makes an order under subsection (1), the court must give a copy of the order to the registrar-general not later than 28 days after the day the order is made.
37PG	Personal service of termination and withdrawal notices
	(1)	This section applies if a termination notice or withdrawal notice must be served personally on a party to a civil union under section 37PD (Ending civil union by parties).
	(2)	To serve the notice personally on the party, the person serving the notice must—
	(a)	give the party a copy of the notice; or
	(b)	if the party does not accept the copy—put the copy down in the party’s presence and tell the party in general terms what it is; or
	(c)	if the person serving the notice is prevented from approaching the party by violence or threat of violence—put the copy down as near as practicable to, but in the sight of, the party.
37PH	If personal service impracticable or impossible
	(1)	This section applies if—
	(a)	a termination notice or withdrawal notice must be served personally on a party to a civil union under section 37PD; and
	(b)	personal service of the notice is not practicable.
	(2)	The person serving the notice may apply to the Supreme Court for an order allowing the notice to be served in another way (the alternative way).
	(3)	The Supreme Court may make an order if satisfied that—
	(a)	it is not practicable, for any reason, for the notice to be served personally under section 37PG; and
	(b)	the alternative way is reasonably likely to bring the notice to the attention of the party.
	(4)	If the Supreme Court makes an order, the court may, in the order, provide that the notice is taken to have been served on the happening of a stated event, at a stated time or at the end of a stated period.
	(5)	The Supreme Court may make an order under subsection (3) even though the party is not in the ACT or Australia.
	(6)	For section 37PD, if a notice is served on a party in accordance with an order under subsection (3), the notice is taken to have been served personally on the party.

Part 4B	Notification and review of decisions
    
37Q	Meaning of reviewable decision—pt 4B
In this part:
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
37R	Reviewable decision notices
If the registrar-general makes a reviewable decision, the registrar must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.
Note 1	The registrar-general must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
37S	Applications for review 
The following may apply to the ACAT for review of a reviewable decision:
	(a)	an entity mentioned in schedule 1, column 4 in relation to the decision;
	(b)	any other person whose interests are affected by the decision.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

Part 5	Miscellaneous
    
38	Declarations—existence of domestic relationship
	(1)	A court may, on application or its own initiative, declare whether a domestic relationship exists, or existed, between specified persons on a specified date or during a specified period, or both.
	(2)	A declaration has effect as a judgment of the court.
	(3)	A declaration may be made whether or not the person or either of the persons named by the applicant as a party or parties to a domestic relationship is alive.
	(4)	While a declaration is in force, the persons to whom it relates is taken for all purposes to have been, or not to have been, parties to a domestic relationship, as specified in the declaration.
39	Annulment of declaration
	(1)	A court may, by order, annul a declaration under section 38—
	(a)	on application by a person who applied for, or is affected by, the declaration; and
	(b)	if it is satisfied that new facts or circumstances have arisen that have not previously been disclosed to the court and could not have been so disclosed by the exercise of reasonable diligence.
	(2)	A declaration ceases to have effect on the making of an order of annulment but an annulment does not affect anything done in reliance on the declaration while it remained in force.
	(3)	If a court annuls a declaration, it may, if it is satisfied that it would be just and equitable to do so, make ancillary orders (including orders varying rights with respect to property or financial resources) to place any person affected by the annulment, as far as practicable, in the position that person would have been in if the declaration had not been made.
40	Declarations—interests in property
	(1)	In proceedings between parties to a domestic relationship with respect to existing title or rights in respect of property, a court may declare the title or rights (if any) that a party has in respect of the property.
	(2)	A court may make orders to give effect to a declaration, including orders as to possession.
	(3)	An order under this section is binding on the parties to a domestic relationship but not on any other person. 
40A	Determination of fees
	(1)	The Minister may determine fees for this Act.
Note	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
40B	Approved forms
	(1)	The registrar-general may approve forms for this Act.
	(2)	If the registrar-general approves a form for a particular purpose, the approved form must be used for that purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
41	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(2)	The regulations may make provision in relation to the enforcement by the Magistrates Court of orders of the Supreme Court under this Act that could have been made by the Magistrates Court.

Schedule 1	Reviewable decisions
(see pt 4B)

column 1
item	column 2
section	column 3
decision	column 4
entity	
1	37E	refuse to register  relationship as civil partnership	parties to relationship	

Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACT
·	Australian statistician
·	civil partnership
·	civil union
·	Executive
·	lawyer
·	Magistrates Court
·	person (see s 160)
·	Supreme Court.
agreement, for part 4 (Domestic relationship agreements and termination agreements)—see section 31.
child, of the parties to a domestic relationship, means each of the following children:
	(a)	a child of whom the parties are the parents;
	(b)	a child for whose long-term welfare both parties accept responsibility.
commencement day means 11 July 1997.
court means the Supreme Court or the Magistrates Court.
domestic relationship—see section 3.
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.
Note	In certain circumstances a termination agreement may be taken to be a domestic relationship agreement (see s 3A (2)).
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; and
	(b)	property that, under a discretionary trust, may become vested in or used for the purposes of either or both of the parties; and
	(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.
marriage means a marriage under the Marriage Act 1961 (Cwlth).
party, to a domestic relationship, includes a person who has been a party to a domestic relationship that has ended.
prohibited relationship, for part 4A (Civil partnerships)—see section 37C.
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.
reviewable decision, for part 4B (Notification and review of decisions)—see section 37Q. 
termination agreement—see section 3A.
termination notice—
	(a)	for part 4A (Civil partnerships)—see section 37I; and
	(b)	for part 4AB (Civil unions)—see section 37PB.
withdrawal notice—
	(a)	for part 4A (Civil partnerships)—see section 37I; and
	(b)	for part 4AB (Civil unions)—see section 37PB.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
Domestic Relationships Act 1994 A1994‑28 
notified 31 May 1994 (Gaz 1994 No S93)
s 1, s 2 commenced 31 May 1994 (s 2 (1))
remainder commenced 11 July 1994 (s 2 (2) and Gaz 1994 No S149)
as amended by
Legal Practitioners (Consequential Amendments) Act 1997 A1997‑96 sch 1 
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2(1))
sch 1 commenced 1 June 1998 (s 2 (2))
Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 108
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 108 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.13
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75 (1))
sch 1 pt 1.13 commenced 28 March 2003 (s 2)
Parentage Act 2004 A2004-1 sch 1 pt 1.6
notified LR 18 February 2004
s 1, s 2 commenced 18 February 2004 (LA s 75 (1))
sch 1 pt 1.6 commenced 22 March 2004 (s 2 and CN2004-3)
Justice and Community Safety Legislation Amendment Act 2004 (No 2) A2004-32 pt 10
notified LR 29 June 2004
s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
pt 10 commenced 13 July 2004 (s 2 (3))
Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.23
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))
sch 1 pt 1.23 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Justice and Community Safety Legislation Amendment Act 2005 (No 3) A2005-43 sch 1 pt 1.6
notified LR 30 August 2005
s 1, s 2 commenced 30 August 2005 (LA s 75 (1))
sch 1 pt 1.6 commenced 1 October 2005 (s 2 (3) and CN2005-18)
Civil Unions Act 2006 A2006-22 sch 1 pt 1.10
notified LR 19 May 2006
s 1, s 2 commenced 19 May 2006 (LA s 75 (1))
sch 1 pt 1.10 never commenced
Note	Act repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.30
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.30 commenced 12 April 2007 (s 2 (1))
Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.9
notified LR 15 May 2008
s 1, s 2 commenced 15 May 2008 (LA s 75 (1))
sch 1 pt 1.9 commenced 19 May 2008 (s 2 and CN2008-8)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.21
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.21 commenced 17 December 2009 (s 2)
Civil Unions Act 2012 A2012-40 sch 3 pt 3.10
notified LR 4 September 2012
s 1, s 2 commenced 4 September 2012 (LA s 75 (1))
sch 3 pt 3.10 commenced 11 September 2012 (s 2)
Marriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.10
notified LR 4 November 2013
s 1, s 2 commenced 4 November 2013 (LA s 75 (1))
sch 2 pt 2.10 commenced 7 November 2013 (s 2 and CN2013-11)
Statute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.5
notified LR 11 November 2013
s 1, s 2 commenced 11 November 2013 (LA s 75 (1))
sch 3 pt 3.5 commenced 25 November 2013 (s 2)

4	Amendment history
Title
title	am A2006‑22 amdt 1.35 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
Name of Act
s 1	sub A2006‑22 amdt 1.36 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2007‑3 amdt 3.154
Dictionary
s 2	om A2001‑44 amdt 1.1161
	ins A2007‑3 amdt 3.159
Notes
s 2A	ins A2007‑3 amdt 3.159
Meaning of domestic relationship
s 3	am A2004‑1 amdt 1.20; pars renum R4 LA (see A2004‑1 amdt 1.21); A2006‑22 amdt 1.39, amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
	defs reloc to dict A2007‑3 amdt 3.158
	om A2007‑3 amdt 3.159
	ins A2007‑3 amdt 3.160
	am A2008‑14 amdt 1.25; A2012‑40 amdt 3.33; A2013‑39 amdt 2.18
Termination agreements
s 3A	ins A2007‑3 amdt 3.160
Application of Act
s 4	am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
Other relief or remedies not affected
s 5	am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2013‑44 amdt 3.51
Advice about facilities
s 6	am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2013‑44 amdt 3.60
Conciliation
s 7	am A2007‑3 amdt 3.161
Referral of matters for mediation or arbitration
s 8	am A2013‑44 amdt 3.52
Preliminary
div 3.1 hdg	(prev pt 3 div 1 hdg) renum R2 LA
Institution of proceedings
s 10	am A2004‑60 amdts 1.142-1.144
Prerequisite for relief—residence etc
s 11	am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2013‑44 amdt 3.60
Prerequisite for relief—length of relationship etc
s 12	am A2006‑22 amdt 1.40, amdt 1.41 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008‑14 amdt 1.26, amdt 1.27; A2012‑40 amdt 3.34
Time limit for making applications
s 13	am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2009‑49 amdt 3.46; A2013‑44 amdt 3.60
Court to end financial relations
s 14	am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2013‑44 amdt 3.60
Adjustment of property interests
div 3.2 hdg	(prev pt 3 div 2 hdg) renum R2 LA
Property orders
s 15	am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
Deferment of order
s 16	am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
Maintenance
div 3.3 hdg	(prev pt 3 div 3 hdg) renum R2 LA
No general right to maintenance
s 18	am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
Maintenance orders
s 19	am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2013‑44 amdt 3.60
Interim maintenance
s 20	am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
Death of party—effect on application
s 21	am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
Periodic maintenance orders—duration
s 22	am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2013‑44 amdt 3.60
Periodic maintenance orders—variation etc
s 23	am A2013‑44 amdt 3.53, amdt 3.60
Periodic maintenance orders—cessation
s 24	am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
General
div 3.4 hdg	(prev pt 3 div 4 hdg) renum R2 LA
Court orders etc
s 25	pars renum R2 LA
Urgent orders etc in the absence of a party
s 27	am A2013‑44 amdt 3.60
Transactions to defeat claims
s 29	am A2013‑44 amdt 3.60
Interests of other parties
s 30	am A2013‑44 amdt 3.60
Domestic relationship agreements and termination agreements
pt 4 hdg	am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
Meaning of agreement for pt 4
s 31	am A1997‑96 sch 1
	sub A2004‑32 s 77
	am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
Validity of agreements
s 32	am A2013‑44 amdt 3.54
Effect of agreements in proceedings under pt 3
s 33	am A2004‑32 s 78
	(3)-(5) exp 13 July 2004 (s 33 (5))
	am A2005‑43 amdt 1.13; A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2013‑44 amdt 3.60
Variation etc of agreements
s 34	am A2013‑44 amdt 3.55, amdt 3.56
Death of party—effect on periodic maintenance under agreement
s 36	am A2013‑44 amdt 3.57
Civil partnerships
pt 4A hdg	ins A2012‑40 amdt 3.35
General
div 4A.1 hdg	ins A2012‑40 amdt 3.35
Definitions—pt 4A
s 37A	ins A2012‑40 amdt 3.35
	def prohibited relationship ins A2012‑40 amdt 3.35
	def termination notice ins A2012‑40 amdt 3.35
	def withdrawal notice ins A2012‑40 amdt 3.35
Civil partnerships—general
s 37B	ins A2012‑40 amdt 3.35
Eligibility for entering into civil partnership
div 4A.2 hdg	ins A2012‑40 amdt 3.35
Eligibility criteria
s 37C	ins A2012‑40 amdt 3.35
Entering into civil partnership
div 4A.3 hdg	ins A2012‑40 amdt 3.35
How civil partnership is entered into
s 37D	ins A2012‑40 amdt 3.35
Application for registration
s 37E	ins A2012‑40 amdt 3.35
Decision on application
s 37F	ins A2012‑40 amdt 3.35
When civil partnership has effect
s 37G	ins A2012‑40 amdt 3.35
Ending civil partnership
div 4A.4 hdg	ins A2012‑40 amdt 3.35
How civil partnership ends
s 37H	ins A2012‑40 amdt 3.35
	am A2013‑39 amdt 2.19
Ending civil partnership by parties
s 37I	ins A2012‑40 amdt 3.35
Order that termination notice not effective
s 37J	ins A2012‑40 amdt 3.35
Ending civil partnership by court order
s 37K	ins A2012‑40 amdt 3.35
Other matters
div 4A.5 hdg	ins A2012‑40 amdt 3.35
Void civil partnerships
s 37L	ins A2012‑40 amdt 3.35
Evidence of identity and age
s 37M	ins A2012‑40 amdt 3.35
Personal service of termination and withdrawal notices
s 37N	ins A2012‑40 amdt 3.35
If personal service impracticable or impossible
s 37O	ins A2012‑40 amdt 3.35
Civil partnerships under corresponding laws
s 37P	ins A2012‑40 amdt 3.35
Civil unions
pt 4AB hdg	ins A2013‑39 amdt 2.20
Preliminary
div 4AB.1 hdg	ins A2013‑39 amdt 2.20
Application—pt 4AB
s 37PA	ins A2013‑39 amdt 2.20
Definitions—pt 4AB
s 37PB	ins A2013‑39 amdt 2.20
	def termination notice ins A2013‑39 amdt 2.20
	def withdrawal notice ins A2013‑39 amdt 2.20
Ending civil union
div 4AB.2 hdg	ins A2013‑39 amdt 2.20
How civil union ends
s 37PC	ins A2013‑39 amdt 2.20
Ending civil union by parties
s 37PD	ins A2013‑39 amdt 2.20
Order that termination notice not effective
s 37PE	ins A2013‑39 amdt 2.20
Ending civil union by court order
s 37PF	ins A2013‑39 amdt 2.20
Personal service of termination and withdrawal notices
s 37PG	ins A2013‑39 amdt 2.20
If personal service impracticable or impossible
s 37PH	ins A2013‑39 amdt 2.20
Notification and review of decisions
pt 4B hdg	ins A2012‑40 amdt 3.35
Meaning of reviewable decision—pt 4B
s 37Q	ins A2012‑40 amdt 3.35
Reviewable decision notices
s 37R	ins A2012‑40 amdt 3.35
Applications for review
s 37S	ins A2012‑40 amdt 3.35
Declarations—existence of domestic relationship
s 38	am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2013‑44 amdt 3.58
Declarations—interests in property
s 40	am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
Determination of fees
s 40A	ins A2012‑40 amdt 3.36
Approved forms
s 40B	ins A2012‑40 amdt 3.36
Regulation-making power
s 41	sub A2001‑44 amdt 1.1162
Regulations
s 42	om A2001‑44 amdt 1.1162
Reviewable decisions
sch 1	ins A2012‑40 amdt 3.37
Dictionary
dict	ins A2007‑3 amdt 3.162
	am A2008‑14 amdt 1.28; A2012‑40 amdt 3.38; A2013‑44 amdt 3.59
	def agreement ins A2007‑3 amdt 3.162
	def child ins A2007‑3 amdt 3.162
	def commencement day reloc from s 3 A2007‑3 amdt 3.158
	def court reloc from s 3 A2007‑3 amdt 3.158
	def domestic relationship sub A2003‑14 amdt 1.53
	am A2003‑14 amdt 1.54
	om A2006‑22 amdt 1.37 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
	sub A2007‑3 amdt 3.155
	reloc from s 3 A2007‑3 amdt 3.158
	def domestic relationship agreement 	om A2006‑22 amdt 1.37 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
	am A2007‑3 amdt 3.156
	reloc from s 3 A2007‑3 amdt 3.158
	def financial matters am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
	reloc from s 3 A2007‑3 amdt 3.158
	def financial resources am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
	reloc from s 3 A2007‑3 amdt 3.158
	def marriage ins A2013‑39 amdt 2.21
	def party ins A2007‑3 amdt 3.162
	def personal relationship ins A2006‑22 amdt 1.37 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
	def personal relationship agreement ins A2006‑22 amdt 1.37 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
	def prohibited relationship ins A2012‑40 amdt 3.39
	def property am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
	reloc from s 3 A2007‑3 amdt 3.158
	def reviewable decision ins A2012‑40 amdt 3.39
	def termination agreement am A2006‑22 amdt 1.42 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93))
	sub A2007‑3 amdt 3.157
	reloc from s 3 A2007‑3 amdt 3.158
	def termination notice ins A2012‑40 amdt 3.39
	sub A2013‑39 amdt 2.22
	def withdrawal notice ins A2012‑40 amdt 3.39
	sub A2013‑39 amdt 2.22

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	A1997‑96	17 April 2000	
2	A2001‑44	21 February 2002	
2 (RI)	A2001‑44 ‡	16 October 2002	
3	A2003‑14	28 March 2003	
4	A2004‑1	22 March 2004	
5	A2004‑32	13 July 2004	
6	A2004‑32	14 July 2004	
7	A2004‑60	10 January 2005	
8	A2005‑43	1 October 2005	
9	A2007‑3	12 April 2007	
10*	A2008‑14	19 May 2008	
11	A2009‑49	17 December 2009	
12	A2012‑40	11 September 2012	
13	A2013‑39	7 November 2013	
‡ includes endnote correction	

©  Australian Capital Territory 2013