This document contains a copy of the financial orders legislation (other than child maintenance) for de facto couples referred to in the Application for Consent Orders Kit.
Entitlement to apply and geographical requirements
Family Law Act 1975
Section 4AA – meaning of ‘De facto relationship’
Section 90SA – not apply to certain matters covered by binding financial agreements
Section 90SB – entitlement to apply
Section 90SD – geographical requirements (de facto partner maintenance)
Section 90SK – geographical requirements (declarations and alterations of property interests)
Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008
Item 86A, Schedule 1 – where both parties to a de facto relationship that broke down before 1 March 2009
may opt for Parts VIIIAB and VIIIB, and subsection 114(2A), of the Family Law Act 1975 to apply in relation
to the de facto relationship.
De facto partner maintenance
Family Law Act 1975
Section 90SB – when an order for de facto partner maintenance can be made
Section 90SD – geographical requirements to allow an order to be made (de facto partner maintenance)
Section 90SE(1) – power of court in de facto partner maintenance proceedings
Section 90SF – matters to be taken into consideration in relation to maintenance
Declarations and alteration of property interests
Family Law Act 1975
Section 90SL – declaration of interests in property
Section 90SM – alteration of property interests
Part VIIIAA – in respect of orders of injunctions binding third parties – see also section 90TA
Part VIIIB – in respect of superannuation interests
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