More languages...
| (03) 9269 0120Melbourne | 1800 677 402Rural areas |  Locate us |
Domestic relationships register – new law
Date : 01 Dec 2008
Relationships that may be registered
From 1 December people will be able to register their relationships if:
- they live in Victoria (or think of Victoria as home)
- they are over 18 years old
- one person provides personal, financial commitment and support to the other
- they are not be married (or have not registered a relationship) to someone else.
Both same-sex and heterosexual (de-facto) couples may register their relationships.
How to register a relationship
Applications are made at the Registry of Births Deaths and Marriages (link below). Application forms will be available from the Registry’s website.
You need to give proof of your age and identity. You must both sign the declaration in the presence of a witness. It costs $180 to register.
Relationship agreements
A relationship agreement is an agreement between two people who are (or have been) in a domestic relationship. A couple may make a relationship agreement at any time – before, during or after their relationship has ended. An agreement usually states how the couple would like their property to be divided if they separate.
The agreement must be in writing and each person must get independent legal advice before they sign.
Going to court
The parties will be bound by a relationship agreement unless they choose to take the matter to court. The court will look at whether the agreement was validly made or has been cancelled.
The court will vary or set aside the agreement if it believes that so much has changed since the agreement was made that it would be unfair to enforce it.
If the court decides that:
- the agreement is unfair
or - invalid
or - if no relationship agreement has been made
the court will follow the rules set out in the Relationship Act when it decides how the property should be divided.
Time limit
You must apply to court within two years of separating.
Property disputes and payment of maintenance
The law sets out the things that a court must consider when it makes a decision about how to divide property between the parties. These things include:
- income and financial resources of each party
- whether either person has responsibility to provide maintenance for a child
- how old and how healthy each person is
- the amount that each person has contributed to the relationship; contributions may be financial and non-financial (such as caring for a child of the relationship)
- how long the couple has been together
- the income and resources of each person
- each person’s earning capacity.
The court could also order that a person pay maintenance if they believe the other person is not able to adequately support themselves because their ability to earn has been limited because of their relationship.
Note: The Commonwealth Government is preparing to allow couples who are not married to have their disputes about property heard under the Family Law Act in the family courts. Parts of this law will change when the Commonwealth law becomes effective.
More information
Related VLA publications
You and family law: a short guide
How to run your family law case
Related pages
De facto and same-sex relationships
Related legislation
Relationships Act 2008 (new window)
Related website
View the Registry of Births, Deaths and Marriages (new window) site for information about how to register a domestic relationship.
| All you need to know about Victoria’s new Relationship Register - PDF, 179.0kb Monash University's booklet about registering your domestic relationship | |
| All domestic partners (same sex or heterosexual) need to know about Victoria’s new scheme for division of property and payment of maintenance - PDF, 197.0kb Monash University's booklet about dividing property and maintenance in domestic relationships |