New laws for de facto relationships

Author: John Williams, Emilia Cardillo

Publish Date: April 22, 2009

On 1 March 2009 the Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 introduced significant changes to the way financial matters are dealt with on the breakdown of a de facto relationship.

From 1 March 2009 de facto couples who have lived together for more than 2 years or have a child together can obtain property settlements based on principles that apply to married couples under the Family Law Act 1975. Previously de facto couples were subject to the New South Wales Property (Relationships) Act, the provisions of which differed from the Family Law Act.

If a de facto relationship broke down prior to 1 March 2009, the parties can jointly elect to be covered by the new laws, subject to certain conditions.

If you would like further information on these changes please contact John Williams on 02 4935 8600.

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