Q&As

‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with each other which is or was of significant duration. How is ‘significant duration’ defined and how long is considered significant?

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Published on LexisPSL on 02/07/2020

The following Family Q&A provides comprehensive and up to date legal information covering:

  • ‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with each other which is or was of significant duration. How is ‘significant duration’ defined and how long is considered significant?

This response considers whether there is a fixed period that a relationship needs to have lasted in order to fall within the definition of a relationship of ‘significant duration’ under section 62(3) of the Family Law Act 1996 (FLA 1996).

The court may make a non-molestation order pursuant to FLA 1996, s 42 if an application has been made by a person who is ‘associated with the respondent’, or if in any family proceedings to which the respondent is a party the court considers that the order should be made for the benefit of any other party to the proceedings or any relevant child, even though no such application has been made (FLA 1996, s 42(2)). For further guidance, see Practice Note: Non-molestation orders.

The term ‘associated persons’ is defined at FLA 1996, s 62(3). The list of associated persons includes the following:

  1. parties who are or who have been married to each other

  2. parties who are cohabitants or former cohabitants

  3. parties who

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