Eligibility for orders—unregistered domestic relationships
42 Eligibility for orders—unregistered domestic relationships
S. 42(1) amended by No. 4/2009 s. 22(2).
This section applies to an application under section 41 by a domestic partner in relation to a domestic relationship other than a registered domestic relationship.
A court may make an order referred to in section 41(1) on the application only if satisfied—
that one or both of the domestic partners lived in Victoria on the day on which the application was made; and
that—
both partners have lived together in Victoria for at least one third of the period of their relationship; or
substantial contributions of the kind referred to in section 45(1)(a) or (b) have been made in Victoria by the partner making the application; and
that the domestic partners have lived together in the relationship for a period of at least 2 years, except as provided by subsection (3).
Despite subsection (2)(c), a court may make an order if satisfied—
that there is—
a child of the domestic partners; or
a child accepted by the domestic partners as one of the family, whether or not the child is a child of one or both of the partners; or
that—
failure to make the order would result in serious injustice to the domestic partner who applied for the order; and
the partner who applied for the order has made substantial contributions of the kind referred to in section 45(1)(a) or (b) for which that partner would otherwise not be adequately compensated if the order were not made.
If a court is satisfied about the matters specified in subsection (2)(a) and (b), it may make or refuse to make an order because of facts and circumstances even if those facts and circumstances, or some of them, occurred before the commencement of this Part or outside Victoria or both.
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