Additional protection for de facto couples

Date: Aug 08, 2010
Document Type: Article

The Family Law Act 1975 has now been amended to allow opposite-sex and same-sex de facto couples access to the federal family law courts for property and maintenance matters.

The amendments also include changes relating to financial agreements between married couples and superannuation splitting and an amendment to the provision of certificates for family dispute resolution.

The main objective of the amendments is to extend to de facto relationships the financial settlement regime under the Family Law Act 1975 that was previously only available to married couples to parties.

The conferring of the State and Territory powers to the Federal Government is aimed at implementing a nationally consistent financial settlement regime to minimise jurisdictional disputes and the uncertainties that may impede settlement of these matters under the previous State and Territory laws.

In addition, the amendments also offer de facto couples access to the family law system for determination of their financial matters arising from a relationship breakdown. This allows for one court to deal in the one proceeding with financial and child-related matters arising between separated de facto couples.

To achieve uniformity in financial settlement matters the amendments confer jurisdiction on federal courts to allow these courts to make orders in proceedings covered by the definition of ‘de facto financial cause’. The new ‘de facto financial cause” provides jurisdiction for de facto matters in all financial matters previously only available under the Family Law Act between parties to a marriage, such as proceedings for the distribution of property or financial resources, or for the provision of maintenance between parties to a de facto relationship, and proceedings involving third parties, binding financial agreements and related bankruptcy matters.

The Act now states that a person is in a de facto relationship with another person if they are not married, or related to each other by family where, having regard to all the circumstances of the relationship, they have a relationship as a couple living together on a genuine domestic basis.
Can you trust a Trust?
Date: Sep 02, 2009
Child Recovery Orders
Date: Jul 22, 2014
Child Support Agreements
Date: Aug 01, 2010
Divorce – How to Apply
Date: Aug 22, 2010
Divorce or Annulment
Date: Aug 22, 2010
Divorce or Annulment?
Date: Mar 03, 2010
Do I need a pre-nup?
Date: Oct 06, 2011
Family Dispute Resolution
Date: Oct 11, 2011
New Child Support Scheme
Date: Aug 22, 2010
Overseas Travel With Children
Date: Aug 22, 2010
Paying for the Kids
Date: Jul 02, 2009
Property Consent Orders
Date: Aug 06, 2014
Same Sex Divorce
Date: Aug 22, 2010
Same Sex Parenting Paper
Date: Oct 03, 2009
Same Sex, Same Laws
Date: Aug 22, 2008
Security for Costs
Date: Aug 08, 2010
Spousal Maintenance
Date: Nov 02, 2010
Surrogacy Laws in Australia
Date: Aug 22, 2010
Taking Children From Australia
Date: Aug 22, 2010
Trusts and family law disputes
Date: Jul 06, 2015
What Court Do We Go To?
Date: Aug 03, 2009
What is a will?
Date: Jan 01, 2008
What is Family Law?
Date: Aug 22, 2010
What's in a name?
Date: Jun 04, 2010
When should I make a will?
Date: Mar 01, 2008
Which Court Do We Go To?
Date: Aug 22, 2010
Who is a Parent?
Date: Oct 09, 2009
Back to Publication List