De Facto Property Under The Family Law Act - December 2008

Author: the Honourable Justice Garry Watts

Introduction

The Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (“the Amendments”) provides for the majority of heterosexual and same sex de facto couples in Australia to have property and maintenance matters dealt with, upon the breakdown of their relationship, under the Family Law Act 1975 (“the Act”).

The Amendments do that by using three different drafting techniques:

  1. A new Part VIIIAB is inserted into the Act.  Many of its provisions mirror the provisions in Part VIII of the Act. 
    I set out later in the paper a table of key mirror sections;
  2. Amending Part VIIIB (superannuation splitting) to extend it to de facto couples; and
  3. Inserting a new Section 90TA which, by using a schedule, replicates Part VIIIAA (orders and injunctions binding third parties) and amends it for de facto couples without setting out in full a new Part VIIIAA for de facto couples.


Disclaimer: The views expressed in the papers and reports provided in this section of the site are those of the Author. The Family Court of Australia does not necessarily endorse the views of a particular author or warrant the accuracy of the information he or she provides. The use a reader makes of the information provided in these papers is the reader's sole responsibility. The Family Court of Australia does not warrant that your use of these papers and reports will not infringe the intellectual property rights of any other person. Please read this site's disclaimer, privacy statement and copyright statement to acquaint yourself with the conditions for using the information provided on this site.