De Facto Break-ups

Sourced: Law Society of New South Wales

New laws give partners financial parity with marriages

New laws give de facto partners (in both opposite and same-sex couples) equal footing with marriage partners in financial settlements if the relationship breaks down.

However, the new laws could potentially make financial agreements made before their introduction invalid. The change only relates to relationship breakdowns occurring after the new laws commence on 1 March 2009.

To be covered, a person must have been in the relationship for at least two years, unless the former couple has a child, or the person has made a substantial contribution to the relationship.

An application for a court order must be made within two years of the breakdown. The new laws state that the period or “total of the periods” of the relationship is “at least two years”.

For de facto relationships with a break in them, this means the aggregated periods will count as a single relationship rather than be considered separate relationships.

Contact your solicitor if you would like further information.