Domestic Partners Property Act 1996

After a domestic partnership ends, either of the domestic partners may apply to a court for the division of property.

However, an application for the division of property may only be made if—

the applicant or respondent is resident in the State when the application is made; and

the applicant and respondent were resident in the State for the whole or a substantial part of the period of the relationship; and

the domestic partnership existed for at least 3 years or there is a child of the domestic partners.

An application for the division of property must be made within one year after the end of the domestic relationship unless the court, after considering the interests of both domestic partners, is satisfied that extension of this period of limitation is necessary to avoid serious injustice to the applicant.

An application for the division of property may be made or continued by or against the legal personal representative of a deceased domestic partner.

However, an application against the legal personal representative of a deceased domestic partner may only relate to property that is undistributed at the date of the application.