Justice Portfolio

Print this page

New Domestic Partners Legislation

Who is affected by the law?
How can I tell if my living arrangement is recognised by the law
When does the three years start?
What does the law do?
What if I DON'T want these laws to apply to my living arrangements?
What happens if the relationship ends?
Enduring Power of Attorney, Enduring Power of Guardianship and Wills
Domestic Partnership Agreements
Further information
Fact Sheets

A law recognising the rights of non-married couples in South Australia took effect on 1 June 2007

The law gives legal rights and duties both to same-sex and opposite sex de facto partners and also to other partners who may not be in a sexual relationship but live together on a genuine domestic basis as a couple.

Legal rights and duties automatically arise if the partners have been living together in this way for three years or more.

Who is affected by the law?

The law covers:

people who live in an opposite-sex de facto relationship
those who live in a same-sex de facto relationship
those who live together as close companions or life partners

The new law does NOT cover:

flatmates
boarding or commercial arrangements eg. live-in housekeeper or paid carer.

How can I tell if my living arrangement is recognised by the law?

Things to consider:

how long have you been living together?
do you financially support each other?
do you share property or own things jointly?
are you each committed to a shared life?
are you raising children together?
do your friends think of you as a couple?

Another factor is whether you have made a Domestic Partnership Agreement under the Domestic Partners Property Act.

The more factors listed above that apply to you, the easier it may be to recognise that you are genuinely living together as a couple.

In case of dispute, it is up to the courts to decide whether a living arrangement is a domestic partnership or not.

Top

When does the three years start?

The law applies to existing couples, as well as to people who start living together in the future. That means that the time you have already lived together before the law changed (1 June 2007) counts towards the three years.

The law applies immediately if you become the legal parents of a child, even if you have NOT lived together for three years.

What does the law do?

The law gives legal rights and duties to domestic partners.
If one of you dies without having made a will, and you had continued to live together up until the date of your death, the other one will be able to inherit some or all of the estate and can apply to be appointed administrator.

The laws will treat you as a couple for some legal purposes.
Stamp duty on your shared home.

The laws will also treat you as your partner’s next of kin in some situations.
If one of you needs medical treatment but cannot give consent because of incapacity, the other person will be able to give consent.

For most legal purposes, non-married couples will not have to do anything to get legal recognition.

Top

What if I DON’T want these laws to apply to my living arrangements?

You should seek legal advice as soon as possible.

You can modify some of the results of the law using legal steps such as a will, power of guardianship and domestic partnership agreement.

What happens if the relationship ends?

Either of you can ask for court orders allocating a share of the other person’s property to you, based on your financial and non-financial contributions during the relationship. The court will decide how much you might be entitled to.

Enduring Power of Attorney, Enduring Power of Guardianship and Wills

The law does NOT prevent partners from making other arrangements giving each other legal powers.

An enduring power of attorney can be used to give your partner authority to handle your money and property in case you become incapacitated. That does not happen automatically just because you are domestic partners.

An enduring power of guardianship can enable your partner to make lifestyle decisions for you in that same situation: your domestic partner is NOT your legal guardian unless formally appointed by you or by the authorities.

Likewise, every adult should have a current will that says how you want your property distributed on your death.

Top

Domestic Partnership Agreements

You can also make a written agreement, like a contract, called a ‘Domestic Partnership Agreement’ about your living arrangements.

This can be prepared at any time and is legal from the time it is made, but you will still have to meet other requirements before you are recognised as domestic partners.