Domestic Partners Property Act 1996 (SA)

South Australia Domestic Partners Property Act 1996 An Act to facilitate the resolution of property disputes arising on the termination of domestic partnerships; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Application of Act Part 2—Domestic partnership agreements 5 Domestic partnership agreements 6 Domestic partnership agreement enforceable under law of contract 7 Consensual variation or revocation of domestic partnership agreement 8 Power to set aside or vary domestic partnership agreement Part 3—Adjustment of property interests 9 Property adjustment order 10 Power to make orders for division of property 11 Matters for consideration by court 12 Duty of court to resolve all outstanding questions 13 Small claims Part 4—Miscellaneous 14 Transactions to defeat claims 14A Restriction on publication of proceedings 15 Protection of purchaser in good faith, for value and without notice of claim 16 Non-exclusivity of remedies 17 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Domestic Partners Property Act 1996. 3—Interpretation (1) In this Act— certified domestic partnership agreement—see subsection (2); child of domestic partners means— (a) a child of which the domestic partners are the natural parents; or (b) a child of the female partner whose male partner is presumed to be the father of the child under an Australian law; or (c) a child adopted by the partners; close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their sex or gender identity) who live together as a couple on a genuine domestic basis, but does not include— (a) the relationship between a legally married couple; or (b) a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind; Note— Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them. court means— (a) the Supreme Court; or (b) the District Court; or (c) if an application relates to property valued at $100 000 or less, the Magistrates Court; domestic partner means— (a) a person in a registered relationship, and includes— (i) a person who is about to enter into a registered relationship; or (ii) a person who has been in a registered relationship; or (b) a person who lives in a close personal relationship, and includes— (i) a person who is about to enter a close personal relationship; or (ii) a person who has lived in a close personal relationship; domestic partnership agreement means an agreement about— (a) the division of property on the termination of a domestic partnership; or (b) any other matter (financial or otherwise) related to a domestic partnership; lawyer means a person who is admitted as a barrister and solicitor of the Supreme Court and holds a current practising certificate; lawyer's certificate means a certificate signed by a lawyer, and endorsed on an agreement, certifying that— (a) the lawyer explained the legal implications of the agreement to a party to the agreement, named in the certificate, in the absence of the other party to the agreement; and (b) the party gave the lawyer apparently credible assurances that the party was not acting under coercion or undue influence; and (c) the party signed the agreement in the lawyer's presence; property of a person includes— (a) a prospective entitlement or benefit under a superannuation or retirement benefit scheme; (b) property held under a discretionary trust that could, under the terms of the trust, be vested in the person or applied for the person's benefit; (c) property over which the person has a direct or indirect power of disposition and which may be used or applied for the person's benefit; (d) any other valuable benefit; registered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act. (2) For the purposes of this Act, a domestic partnership agreement is a certified domestic partnership agreement if— (a) the agreement contains a provision (the warranty of asset disclosure) under which each party to the agreement warrants that he or she has disclosed all relevant assets to the other; and (b) — (i) the signature of each party to the agreement is attested by a lawyer's certificate; and (ii) each lawyer's certificate is given by a different lawyer. 4—Application of Act (1) This Act does not apply to— (a) a domestic partnership (other than a domestic partnership that was a de facto relationship) that ended before the commencement of this section; or (b) a de facto relationship that ended before 16 December 1996. Note— The Domestic Partners Property Act 1996 came into operation on 16 December 1996 as the De Facto Relationships Act 1996. (2) In this section— de facto relationship means the relationship between a man and a woman, who although not legally married to each other, live together on a genuine domestic basis as husband and wife.