Appendix C: Part A: Questionnaire
Updates and background for this project (Digest)
About the questionnaire
The purpose of this survey is to find out from members of the gay and lesbian community how
you feel about the way the Property Relationship Act 1985 (NSW) (the “PRA”) operates and if it
should be changed to mirror the provisions of the Family Law Act 1975 which is going to apply
to heterosexual de facto couples. We are also interested in your views about how the law
should be changed to give greater recognition to same sex families, in particular to recognise
non-biological parents as legal parents.
The survey is divided into 6 parts:
A. How property is divided when a couple splits up
B. Partner maintenance
C. Domestic relationship agreements
D. Recognising same sex relationships
E. Recognising non-biological parents
F. Child support
G. Other comments
H. About you
You may answer all or part of the survey.
Definitions
A “Domestic Relationship” under the PRA is:
(a) a de facto relationship where 2 adult people live together as a couple and are
not married to one another or related by family; or
(b) a close personal relationship where 2 people, whether or not they are related to
each other, live together and where one or each provides the other with domestic
support and personal care
A “Domestic relationship agreement” under the PRA is an agreement between 2 persons
made before or during a domestic relationship, that makes provision for financial matters
(including property, maintenance and financial resources)
“Partner maintenance” refers to an obligation on a partner to pay financial support to the
other after a relationship ends, where there is a need for support and the means by the first
partner to provide it. This is different from the obligation to pay financial support for the costs
of raising children of the relationship (which is generally now referred to as child support)
THE SURVEY IS CONFIDENTIAL
Completed questionnaires must be returned to the Commission by 30 September 2004.
A. HOW PROPERTY IS DIVIDED WHEN A COUPLE SPLITS UP
1. Should the law treat same sex de facto relationships in the same way as heterosexual de
facto relationships?
Yes
No
Why or why not?
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_____________________
2 Which of the following things do you think should be taken into account when the court is
asked to divide property when a couple splits up? Tick all those which you think should be
considered.
Direct financial contributions to the purchase, maintenance or improvement of
property of either of the parties (eg paying the deposit or the mortgage)
Direct financial contributions to the financial resources of the parties or either of
them (eg investing in a superannuation fund)
Indirect financial contributions to the purchase, maintenance or improvement of
property of either of the parties (eg doing renovations, freeing up the other person so
they can work etc)
Indirect financial contributions to the financial resources of either of the parties (eg
agreeing to pay the household expenses while your partner invests more into their
superannuation account)
Home making contributions, including parenting contributions, which benefit the
other party or the family (including children of the parties, or a child accepted into the
household) such as cooking, washing, taking care of the children etc
The effect of any order on a party’s earning capacity
Any child support payments
The terms of any financial agreement entered into by the parties
3. The following are additional matters that a court may take into account under the Family
Law Act (when dividing property after the end of a marriage). Which of these things should
also apply to people in same sex de facto relationships under the PRA? Tick all those
which you think should be considered.
The age and health of the parties
Whether the parties have the care and control of any child of the relationship who is
under 18 years
Whether the parties have any responsibilities to support any other person
The income, property and financial resources of the parties, including their eligibility
to receive government assistance
The length of the relationship and the extent to which it has affected the earning
capacity of the parties
What standard of living is reasonable for each of the parties in all the circumstances
The contributions made by either of the parties to the income and earning capacity
of the other
4. Are there any other things you think a court should consider when making an order
dividing up property between the parties?
_______________________________________________________________________
_______________________________________________________________________
______________________________________________
5. Do you think that people in a domestic relationship should have lived together for any
length of time in order to be able to claim a share of each other’s property if they split up.
6. Do you think that before a partner can claim a share of their ex-partner’s property, the two
should have lived together for:
1 year
2 years
3 years
Not sure
B. PARTNER MAINTENANCE
7. Tick those statements with which you agree.
Partners should never have to pay maintenance to their ex-partner after they have
split up.
Partners should pay maintenance to an ex-partner only if the ex-partner has the
ongoing care of a child of the relationship, or because their earning capacity was
affected by the relationship and they need to do some re-training or study.
Maintenance should only be paid for up to 3 years if there is no child of the
relationship, and the maintenance is for re-training or study.
Where there are children of the relationship, maintenance should be paid until the
youngest child starts school.
Maintenance should be paid for up to 3 years regardless of how old any children of
the relationship are.
Maintenance should stop if the partner receiving maintenance begins living with a
new partner.
The courts should consider maintenance as part of the overall process of how to
divide the property of the partners between them.
Where possible, maintenance should be paid in a lump sum rather than weekly or
monthly etc so that the parties can have a “clean break” and get on with their lives.
C. DOMESTIC RELATIONSHIP AGREEMENTS
8. Did you know that the PRA allows partners to enter into a binding domestic relationship
agreement?
Yes
No
9. Have you entered into a written agreement with your partner?
10. Did you ask a solicitor to prepare the agreement?
Yes
No
11. Did each of you receive independent legal advice before you signed the agreement?
Yes
No
12. If you haven’t made an agreement, why haven’t you?
_______________________________________________________________
_______________________________________________________________
D. RECOGNISING SAME SEX RELATIONSHIPS
13. Do you think there should be a registration system for same sex couples?
Why?
_______________________________________________________________
14. Would you register your relationship if there were a registration system?
Yes, but only if legal consequences were attached to registration
Yes, whether or not legal consequences were attached to registration
No
Not sure
15. Tick which option you prefer.
A person should be covered automatically under the PRA if they are in a domestic
relationship as defined by the Act without the need to register their relationship
Only those who register their relationship should be covered by the PRA
Both those who register their relationship and those who meet the PRA’s defi nition
of a domestic relationship should fall within the operation of the PRA
16 Would you like to make any comments about a registration system?
_______________________________________________________________
E. RECOGNISING NON-BIOLOGICAL PARENTS
17. Have you faced any practical or emotional diffi culties because you are not a legal parent
of a child that you are raising?
_______________________________________________________________
18. Have you sought a parenting order under the Family Law Act 1975?
Yes
No
19. If so, what were your experiences of the application process and have you found the
order useful?
_______________________________________________________________
20. Should gay and lesbian step-parents be eligible to adopt a child in the same way as
heterosexual step-parents?
_______________________________________________________________
21. If a couple decide to have a child together through artificial insemination procedures,
the male partner of the woman is presumed to be the legal parent of her child. That is not
the case if the woman’s partner is a woman (the “co-mother”). Should a co-mother be
presumed to be the legal parent of her child in this type of situation?
_______________________________________________________________
22. If you had a choice, which would you prefer as a means of creating a legal parental
relationship between a co-mother and her child?
To be able to adopt my child
OR
To be automatically presumed to be my child’s parent at birth
F. CHILD SUPPORT
23. There is no statutory obligation on a co-mother to provide fi nancial support for a child
should the relationship between the co-mother and birth mother end (and the child remains
in the care of the birth mother). Should an automatic duty to support a child be imposed on
co-mothers?
Yes, but only if co-mothers are recognised as legal parents
Yes, whether or not co-mothers are recognised as legal parents
No
G. OTHER COMMENTS
24. If you would like to make any comment on any of the issues raised in the questionnaire,
please write them here.
_______________________________________________________________
_______________________________________________________________
H. ABOUT YOU
You do not have to answer the following questions but it would be helpful to our research if
you did.
25. Are you
Female?
Male?
26. How old are you?
16-17
18-35
36–55
56 and over
27. Are you in a same sex de facto relationship now, or have you been in a same sex de
facto relationship?
Yes
No
28. Do you live with your partner?
Yes
No
Please print, fill out and fax to: 02 9228 8225 or
mail to: NSW LRC, GPO Box 5199, Sydney NSW 2001
