Equal Rights for De Facto Couples in Australian Family Law

Under recent amendments to the Family Law Act 1975 (Cth), people separating from de facto relationships—whether heterosexual or same-sex—now have the same rights as legally married couples when it comes to resolving property and maintenance disputes. This historic legislation, which passed through Parliament, brings de facto couples under the jurisdiction of the federal family law courts, streamlining the process and eliminating previous inequities.

Key Changes to the Law

1. Access to Federal Family Courts:

   • De facto couples now have access to federal family law courts to resolve property disputes, maintenance issues, and financial matters.
   • This replaces the previous arrangement where de facto couples had to navigate separate federal and state/territory courts.

2. Non-Discrimination Between Couples:

   • The legislation applies equally to opposite-sex and same-sex de facto couples.
   • It ensures de facto couples are treated on par with married couples in property and financial settlements.

3. Parenting Matters Remain Unchanged:

   • Parenting disputes were already covered under the Family Law Act for both married and de facto couples.
   • The welfare, rights, and responsibilities for children remain the same, ensuring equitable treatment regardless of the parents’ marital status.

Attorney-General's Statement

Attorney-General Robert McClelland described the reforms as long overdue, stating:

“They will end current arrangements which place a huge administrative and financial burden on separating de facto couples. Consistent with the Government's policy, the legislation will not discriminate between opposite-sex and same-sex de facto couples.”

Benefits of the Changes

1. Convenience and Cost Efficiency:

   • De facto couples can now resolve all matters—property, maintenance, and parenting—under one court system, saving time and legal expenses.
   • Previously, de facto couples had to handle parenting matters in federal courts and property or maintenance disputes in state/territory courts, creating unnecessary administrative hurdles.

2. Erasure of Discrimination:

   • The amendments eliminate historical discrimination between de facto and married couples, as well as between heterosexual and same-sex couples.

3. Unified Legal Framework:

   • All disputes can now be handled cohesively, providing clarity and fairness for all parties involved.

What This Means for De Facto Couples

• If you are separating from a de facto relationship, you can now seek resolutions for financial and property matters under the federal family law system.
• These changes ensure that your contributions to the relationship—financial, non-financial, or as a caregiver—are recognized equally under the law.

Conclusion

The de facto property amendments represent a significant milestone in Australian family law. By bringing all separating couples under one legal framework, these reforms reduce complexity, ensure fairness, and provide a more efficient pathway for resolving disputes.