De facto bill passes

De facto bill passes

The Senate on Monday passed the changes to the Family Law Act. The Parliament House website reports that there were 34 amendments to the Bill at Committee stage in the Senate.

The de facto changes will allow de facto couples, including same sex couples, in effect the same rights as married couples as to property settlement (including super splitting)and spousal maintenance, and create a partial national scheme enabling those couples to go to the Family Court and the Federal Magistrates Court.

Some agreements entered into before the commencement(expected in March) between de facto couples will be agreements under the changes. Couples will have the opportunity, under limited circumstances, to opt into the changes. Otherwise the changes will only apply to those who separate after the changes take effect.

It is essential that those who are considering separating get legal advice now- as the changes might make a significant difference to their rights.

Last I heard, the scheme applied to all States and Territories except Western Australia and South Australia, although the Commonwealth was still negotiating with them, and in some respects the scheme will still apply to those States.

The next post will be a very long paper I prepared about the Bill (but not including the current amendments).

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Do children have a say in parenting cases? Lawyer explains

In Australian parenting cases, children can have a say. That much is clear. But the more accurate answer is that yes, children’s views matter, but the weight given to those views depends on the individual child and the circumstances of the case. That is often where confusion starts. Many parents assume a child can simply… Read More »Do children have a say in parenting cases? Lawyer explains

Navigating the Surrogacy Journey with Confidence and Clarity

The surrogacy process is a transformative method of family-building. In the Australian context, this path is built on altruistic foundations, requiring deep emotional synchronicity and meticulous legal adherence between all parties involved. By focusing on structured organisation and proactive emotional care, you can transform a complex logistical challenge into a rewarding experience of connection and… Read More »Navigating the Surrogacy Journey with Confidence and Clarity

WA surrogacy law: same-sex couples win landmark case

For far too long, Western Australia singled out gay couples, single men, and many others in the LGBTQIA+ community for unequal treatment under its surrogacy law. That discrimination has now been struck down in a landmark case, and it is a significant step forward for fairness, family formation, and legal common sense. The case was… Read More »WA surrogacy law: same-sex couples win landmark case

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board