The Federal Government has recently introduced new legislation which will allow separating de facto couples to access the federal family law courts for property and maintenance issues.

The reforms not only provide greater protection for de facto couples but will also make the applicable laws a lot simpler.

Under the previous legislation de facto couples that went to court following a separation were required to attend the relevant State and Territory courts for any property or maintenance related matters as well as the federal family law courts for child-related matters. Having to attend two separate courts was a drain on both partners’ time and money.

Additionally, there currently exists some inconsistencies in the property and maintenance laws regarding de facto couples across Australia’s various States and Territories. These discrepancies were seeing separating de facto couples in different parts of the country being awarded differing rights to those in another State.

It is important to note that the legislation applies to de facto relationships that become separated after the amendments are introduced, and only in the States that have referred power to the Commonwealth and in the Territories.

This is a move by the Government towards a consistent and uniform application of family law in respect to de facto relationships. In line with the Government’s existing policy the amendments do not discriminate between same or opposite-sex couples. However, no part of the new legislation will in any way affect current marriage laws.