De Facto Relationship Legislation

Date: Aug 22, 2010
Document Type: Article

In 2008 legislation was passed to amend the Family Law Act 1975 to allow de facto couples (opposite sex and same sex) to access the federal family law courts for property and maintenance matters.

The legislation offered de facto couples the Bill a nationally consistent financial settlement regime, to minimise jurisdictional disputes and uncertainties that sometimes impede settlement of these matters under State and Territory law. The legislation also offered  these de facto couples access to the family law system for determination of their financial matters arising on relationship breakdown.

The new legislation also provided consistency in how financial cases arising out of de facto relationships were determined. Previous State and Territory laws on property and financial matters for de facto couples varied between jurisdictions, resulting in couples in different States and Territories having different rights.

Now that the new laws are in place, all relationship breakdown disputes, whether marriage or de facto, property or parenting, are dealt with in the Family Law jurisdictions rather than in different courts, and now with a more consistent approach with more predictable outcomes.

For assistance with Family Law matters, phone Dominic Wilson, Managing Partner of Craddock Murray Neumann, on (02) 82684000. We have Family Lawyers who are certified by the Law Society of New South Wales as Accredited Specialists in Family Law. 
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