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DE-FACTO AND SAME SEX COUPLES

Until recently, the separation of a de-facto or a same sex couple with regard to the division of property in NSW was dealt with under the Property Relationships Act 1984 and dealt with in the State Courts.

De-facto couples with children had the added burden of dealing with children’s and custody matters in the Federal Courts, under the Family Law Act 1975, and then in separate proceedings with regard to property and spousal maintenance matters, in the State Courts.

Recent changes in legislation will now simplify the process for many de-facto and same sex couples. Matters pertaining to property division, maintenance and children for de-facto and same sex couples who separate after 1 March 2009 are now covered under the Family Law Act 1975 and dealt with in the Federal Courts and can be dealt with in one set or proceedings, provided that certain criteria are met to bring the relationship into the jurisdiction of the Act. These include the duration of the relationship, whether there is a child of the relationship and whether failing to making an order would result in serious injustice.

Couples who separated prior to 1 March 2009, can choose to have their property matters dealt with under NSW legislation, or can opt to have their matter dealt with under the new regime.

From 1 July 2009, the amendments to the legislation also allow female same-sex de-facto couples to be recognised as parents of a child, where the couple consent to the artificial conception of the child and one of them is the birth mother.

This page is not intended to constitute or be a substitute for legal advice. If you wish to obtain specific advice and consult with one of our family law solicitors in regard to your situation please contact us on (02) 9344 2000 or send an email to family@kydonsegal.com.au.