Property Settlement for De Facto Couples

As of 1 March 2009, property and maintenance matters for de facto couples in all states and territories, except South Australia and Western Australia, will be dealt with under the Family Law Act 1975. This means that de facto couples now have the same financial rights and remedies available to married couples and that any disputes will be dealt with by the Family Law Courts.

In New South Wales, there is a significant difference between the property and maintenance rights under the Property (Relationships) Act 1984 (still applicable to those couples who separated prior to 1 March 2009) and those under the Family Law Act 1975.

De Facto Couples that Separate after 1 March 2009

The Court has the power to deal with all property and financial resources held by the parties to a de facto relationship and to divide them justly and equitably after taking into account a number of factors.

Applications for property settlement must be filed with the Court within 2 years from the date of separation. Property matters can also be resolved by negotiation and formalised as a financial agreement.

De Facto Couples that Separated before 1 March 2009

De facto couples that separated before 1 March 2009 will not be able to deal with their matters under the Family Law Act 1975 unless both parties agree otherwise. The Property (Relationships) Act 1984 will deal with financial matters. Under the Property (Relationships) Act 1984, the Court has the discretion to divide property between parties to domestic relationships. It also allows Courts to provide maintenance payments to parties to a domestic relationship, in limited circumstances and for limited periods.

The Property (Relationships) Act 1984 focuses primarily on the contributions made by each party to the relationship and does not take into account in any significant way the future needs of the parties.

Superannuation

For information regarding superannuation please see our section: Superannuation for De Facto Couples.

Financial Agreements

For further information regarding financial agreements please see our section: Financial Agreements for De Facto Couples.

Maintenance

For information regarding maintenance please see our section: Maintenance for De Facto Couples.

Parenting Arrangements

Parenting arrangements for children of de facto relationships are dealt with by the Family Law Courts under the Family Law Act 1975. Please see our section: Parenting Arrangements for Children.

Please contact us to obtain detailed advice regarding your de facto relationships matter including the preparation of financial agreements.


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