De Facto Relationships Act 1991

In this Act:

applicant includes a cross-applicant.

child, in relation to de facto partners, means any of the following:

a child born as a result of sexual relations between the partners;

if one of the partners is a woman – a child of the woman if her de facto partner is taken to be a parent of the child under section

5D or 5DA of the Status of Children Act 1978;

a child whose parentage is transferred to both de facto partners under a parentage order made under the Surrogacy Act 2022;

a child adopted by the partners.

cohabitation agreement means an agreement (whenever entered into) between 2 adults, whether or not there are other parties to the agreement, which:

is made:

in contemplation of their entering into a de facto relationship;

or

during the existence of a de facto relationship between them;

and

makes provision with respect to financial matters (whether or not it also makes provision with respect to other matters).

de facto partner, of a person, means a person who is in a de facto relationship with the person.

de facto relationship, see section 3A.

financial matters, in relation to de facto partners, means matters with respect to any one or more of the following:

the maintenance of either or both of the partners;

the property of either or both of those partners;

the financial resources of either or both of those partners.

financial resources, in relation to de facto partners or either of them, includes:

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

property which, pursuant to the provisions of a discretionary trust, may become vested in or used or applied in or towards the purposes of the de facto partners or either of them; and

property, the alienation or disposition of which is wholly or partly under the control of the de facto partners or either of them and which is lawfully capable of being used or applied by or on behalf of the de facto partners or either of them in or towards their or his or her own purposes; and

any other valuable benefit.

married means validly married under the Marriage Act

1961 (Cth).

periodic maintenance means maintenance payable by means of a weekly, fortnightly, monthly, yearly or other periodic amount.

property, in relation to de facto partners or either of them, includes:

real and personal property and any estate or interest (whether present, future or contingent) in real or personal property; and

money; and

any debt or cause of action for damages; and

any other chose in action or right with respect to property.

separation agreement means an agreement (whenever entered into) between 2 adults, whether or not there are other parties to the agreement, which:

is made in contemplation of terminating a de facto relationship between them or after terminating it; and

makes provision with respect to financial matters (whether or not it also makes provision with respect to other matters).

In this Act:

a reference to a de facto partner of an Aboriginal or Torres

Strait Islander includes a reference to an Aboriginal or Torres

Strait Islander to whom the person is married according to the customs and traditions of the particular community of Aboriginals or

Torres Strait Islanders with which either person identifies; and

a reference to a de facto relationship includes a reference to the relationship between 2 persons who are de facto partners because of paragraph (a).