New Defacto Family Law Provides Clarity

Changes to the laws surrounding de facto relationships are bringing in a welcome change for couples who have not formalised their relationships through marriage. The new defacto family law applies to couples whose de facto relationship has a geographical connection with New South Wales, Victoria, Queensland, Tasmania, the ACT, the Northern Territory or Norfolk Island, and whose relationship broke down on or after 1 March 2009. This decision provides some certainty for couples in this situation, and creates a climate of uniformity in those locations mentioned which may not have existed previously when different states may have had different laws.

The new laws bring separating couples under the federal family law regime with regard to the division of property and the payment of spouse maintenance. As with any legal matter, nothing should be assumed and although at first glance the requirements of the law may seem easily understood, it is always wise to get professional advice from Lawyers Brisbane.

There are a number of benefits that come with the new arrangements. One is that the Family Law Courts can order that property owned by the couple, either separately or together with each other, can be divided. This also applies to superannuation accumulated by each partner which was previously only available to married couples and for them, only since 2002. The court can also order spouse maintenance, which was not previously possible in Queensland and Victoria, although that did change in Victoria prior to these new laws taking effect.

However, the Family Law Courts need to be satisfied that the relationship has lasted for at least 2 years, or there is a child conceived out of the relationship, or one of the partners made substantial financial or non-financial contributions within the relationship, and serious financial hardship would result to that partner if the order was not made, or in states or territories where defacto relationships can be registered, that such a registration was made.

The new defacto family law provides for definitions as to what constitutes a de facto relationship, and states that it exists between two people who are not married or related by family live together as a couple on a genuine domestic basis. The couple can be two people of the opposite sex, or two people of the same sex.

The law looks at all the circumstances of the relationship to determine if it is a genuine de facto arrangement. There are a number of these, including the duration of the relationship, if there is a common residence, the presence of a sexual relationship, financial arrangements and dependence, ownership as well as use and acquisition of their property and the care and support of children. These are not the only circumstances, and any issues around these circumstances should be first discussed with Solicitors Brisbane.

There are many other provisions of the new defacto family law and separating couples, particularly if the circumstances are acrimonious, should not rely on their own knowledge, or information from uninformed sources. Legal matters should always be taken to the experts, especially when substantial assets and precious children are involved.