7 May 2023 is International Family Equality Day (IFED), a day focused on the importance of equality and family diversity.
To celebrate, we commemorate the legal recognition of same-sex couples in de facto relationships on 1 March 2009 in Australia and next month will mark the 14-year anniversary of the amendments to the Family Law Act which saw:
- A broader recognition of de facto couples: Not only for heterosexual couples but also for same-sex couples. The amendments provided de-facto relationships with the same or similar rights as married couples if there is a breakdown of the relationship.
- Property division: This amendment introduced a new regime that ensures that there is a just and equitable division of property, based on the contributions of each de facto partner.
- Maintenance payments: The amendment introduced payment of maintenance by one person in a de facto relationship to the other in certain circumstances.
- Artificial conception and same-sex recognition: the amendments also importantly expanded recognition of rights of children to same-sex relationships. Before the amendment, artificially conceived children of same-sex parents were only considered as ‘children’ for the purposes of a property divisions but not as children for the purposes of child support, parental responsibility or for decisions about time with children. The amendments meant that greater recognition of same-sex couples and children born out of artificial conception were equally provided for and their best interests promoted.
With this greater recognition of rights, when individuals end their relationship, the answer to whether they may have rights to a property settlement or certain parental matters even if they are not married, is a resounding yes.
With this greater expansion of rights, though, comes with it questions that individuals may find themselves asking at the end of a relationship, which are:
- Was I in a de facto relationship?
and
- How does this impact my:
- Property rights; and/or
- Parenting rights?
Correctly understanding one’s rights especially after separation is critical to ensuring an appropriate outcome is achieved for both parties. This means, in particular, understanding the common myths that circulate about de facto relationships!
How we can help
If you or someone you know is in a de facto relationship or your de facto relationship has ended, Russell Kennedy Lawyers can provide you with advice to protect your entitlements and to assist you with a property settlement or parenting arrangements.
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