De Facto Family Law 'Reforms' Pass Senate
AG welcomes Senate passage of legislation enabling de facto couples to access the federal family law courts on property and maintenance matters.
Date: Thu, 16 Oct 2008 18:14:02
Subject: Attorney-General Media Release - Rudd Government Welcomes Senate Passage of De Facto Reforms
Rudd Government Welcomes Senate Passage of De Facto Reforms
Attorney-General Robert McClelland has today welcomed the passage through the Senate of the Rudd Government's landmark legislation enabling de facto couples to access the federal family law courts on property and maintenance matters.
"These reforms are long overdue. They will end current arrangements which place a huge administrative and financial burden on separating de facto couples," Attorney-General Robert McClelland said.
"De facto couples have been waiting six years for the Commonwealth to accept references of power from the States and Territories to simplify the laws and provide greater protection."
"Consistent with the Government's policy, the legislation will not discriminate between opposite-sex and same-sex de facto couples. Nothing in the legislation will alter marriage laws."
"The Rudd Government has acted swiftly to provide a simpler, less costly and fairer regime for de facto couples across Australia, honouring its election commitment."
The legislation will now return to the House for approval.
Media Contact: Adam Sims 0419 480 xxx.
The aim of de facto changes is to 'benefit' the 'primary caregiver'?
FAMILY LAW AMENDMENT (DE FACTO FINANCIAL MATTERS AND OTHER MEASURES) BILL 2008 - Second Reading
Senator LOUISE PRATT (Western Australia) (4:39 PM) … During the recent Senate Standing Committee on Legal and Constitutional Affairs inquiry into this bill, Heidi Yates, of Womens Legal Services of Australia, said:
the Family Court, as a specialist court, with particular ability to look at the future needs of the primary caregiver and their ability to care for the children, provides the most just and equitable outcome and therefore it would be most appropriate if both de facto and married couples could use that federal system.
The aim of de facto changes is to 'benefit' the 'primary caregiver'?
The big mistake that Lenin made was that the state could not provide for all those kids so out communist masters in canberra decided that support for the kids must be extracted from the man at all costs. (By the way, if you think that Australia is not a totalitarian communist state, I have news for you. By definition, it is.)
The recent 'marriage' law changes were intended to further erode marriage and the ability of men and women to sustain relationships.
For those who don't know. The UNs first world population council meeting in Bucharest in 1974 recommended 'member states ensure equal particupation in the public work place for men and women' which is lifted right out of the communist manifesto … the communist manifesto also calls for the industrialisation of the family and says the 'family will be eliminated as a matter of course' and that 'raising children will become a matter for the state'.
Well? Does anyone here dispute that the state owns the children? After all, who decides custody? Not the mother and father, right. The state.
If you do not like the status quo and you want to do something about it, then we have plenty to talk about and plenty to do.
Last edit: by monteverdi
Property division for unmarried couples who separate new law
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division for unmarried couples who separate new law
1 March 2009
Property disputes between unmarried couples may be heard under the Family Law Act 1975 if the couple separates after 1 March 2009. These relationships have been defined in law as 'de facto relationships'.
A de facto relationship may exist if two people are not married or related to each other, but live together on a genuine domestic basis.
It is possible for a couple to be in a de facto relationship even if one person is also married to (or in another de facto relationship with) someone else.
De facto couples may be same-sex or heterosexual couples.
If there is a dispute about whether a de facto relationship existed, the court may take all circumstances of the relationship into consideration to help it to decide. See 'De facto & same-sex relationships' (link below).
Which relationships are covered?
The court may make an order if it is satisfied that the couple were living in a genuine domestic relationship. This includes if:
- the couple have a child of the relationship
- they were living together for two years or longer
- the relationship has been registered under a state or territory law.
The court may also make an order in cases where it can be demonstrated that one of the parties has made a significant contribution to the other to the extent that it would be seriously unjust if an order was not made. For example if one of the parties gave up work so that they could care for children from their partners' former relationship.
Couples who have already separated
Couples who separated before 1 March 2009 will be able to apply to court for a property order if both people agree to this. Both parties will need to get independent legal advice before they decide that the new laws should apply to their relationship.
An application to the family law courts involving non-child related disputes must be made within two years from the date of separation. An application can only be made after this time with permission of the court.
Types of disputes the family law courts can resolve
The family law courts can now resolve the same types of disputes between separated de facto couples as it can between separated married couples.
As well as orders relating to their children, separated de factos can now apply to the family law courts for orders:
- distributing their property or financial resources (including superannuation)
- dealing with partner maintenance
- resolving a dispute about a binding financial agreement.
Factors the court will consider
The court will apply the same principles to married and unmarried couples when it makes a decision about how resolve disputes. For example, the court will consider the length of time the parties have been together, the contributions that each party has made to the relationship and the future needs of the parties.
Binding financial agreements
De facto couples can now also enter into a financial agreement about what will happen to their property and assets if their relationship ends. These types of agreements will be binding if they meet certain legal conditions. They can be made before or during the relationship or after separation.
Resolving disputes without going to court
In most cases de facto couples will need to try to sort out their dispute over property through family dispute resolution before they take the matter to court.
Family Law Act 1975