The application form asks you to disclose the details of any partner the applicant may have.
General principles
For the purposes of our means test, we only require the financial information of an applicant’s partner where an applicant is:
- married to the person, or
- in a de facto partnership with that person (defined as being in a relationship and living with that person for six months or more).
Exemptions to the partner definition
An applicant won’t need to tell us about their partner and their partner’s income or assets if:
- they have an opposing interest in the legal proceedings
- the applicant has separated from them
- they live overseas and aren’t earning income or don’t have assets
- they are in prison or detention and don’t have assets
- they have allegedly used family violence against the applicant either in this matter or in the past
- the applicant has allegedly used family violence against them either in this matter or in the past
- the applicant’s relationship with them may be damaged if they knew about the legal issue.
An applicant can also ask us not to consider their partner’s income or assets due to other compelling reasons. We can exercise discretion to do this.
If an applicant believes we should not consider their partners’ income or assets, they should tell us why they believe that.
Reviewed 24 January 2022