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Defacto Relationships
On 1 March, 2009 the Family Law Amendment (Defacto Financial Matters and Other Measures) Act 2008 came into operation. This means that all couples in defacto relationships - including same sex couples - who separate after 1 March, 2009 will have their property settlements determined in the Family Law Courts instead of the state Courts. Couples who separated before 1 March, 2009 can choose to be bound by the new law, if both parties agree.
Under the new law, defacto couples now have full access to all of the options open to married couples, including super splitting, maintenance, claims against third parties, protection in bankruptcy and access to one single Court to resolve issues about children and property.
The laws are very complex and do not apply Australia wide. Where relationships have crossed borders careful consideration will need to be given as to whether to proceed in the Family Law Court or the relevant state Court.
Existing agreements, called "Cohabitation Agreements" or "Relationships Agreements" may still apply if they satisfy the new criteria. If you have a Relationships or Cohabitation Agreement you may want to have it checked to ensure it remains binding under the new laws.
The existing State law will continue to apply if you already have a matter before a Court, or if you want to change or enforce an Order already made in the Supreme, County or Magistrates Court.
If you have any questions about these issues or would like to discuss your matter in confidence, please contact either of our Accredited Family Law Specialists Lawyer Andrew Goddard or Lawyer Gordon Ainger.