Changes to De Facto Legislation
By Wendy Barry
Consultant, Accredited Family Law Specialist, Family Law Team
Changes have now occurred such that from July 2010 de facto couples will be treated effectively the same as married couples, and de facto couples across Australia (except Western Australia). Disputes concerning children’s and property matters will be heard under the Family Law Act 1975.
There will be a number of changes that will affect the advice given including stamp duty issues. The key changes are:
Jurisdiction – instead of de facto couples having to live together in a de facto relationship for three years (or they have a child) the relationship need only be for two years or less if one of the parties has made substantial contributions to property (or there is a child of the relationship).
Limitation period – the period to bring a claim has been extended from one to two years.
Spousal Maintenance – separating de facto couples will be able to apply for spousal maintenance.
Superannuation Splitting – superannuation splitting will allow a superannuation interest to be shared by creating two separate accounts, one for each spouse.
Orders and Injunctions against Third Parties – protection for creditors including trustees in bankruptcy. Previously de facto couples were at a distinct disadvantage compared to married persons in bankruptcy proceedings where third parties were involved.
In summary claims by de facto couples for division of property can be brought after a shorter relationship, the period to effect a property settlement has doubled and opportunities that were previously the domain of married couples (eg super splitting and spousal maintenance) are relevant in de facto settlements.