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… Read More »Custom Single Post Header

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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).

Things to Read, Watch & Listen

Forced Marriage

On November 1st 2023, Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at the Brisbane Zonta Club about forced marriage. I acknowledge the Jagera and Turrbal peoples, on whose lands we meet today, their elders, past, present and emerging. Ruqia Hidari was aged 21 and living in Victoria, when, according to police,… Read More »Forced Marriage

ACT Government Surrogacy Bill

The ACT Government has today introduced a bill to amend the ACT’s surrogacy laws. The proposed changes are more incremental than fundamental. They include allowing a single person to undertake surrogacy, for the surrogate to be single if needed, a requirement for legal advice and counselling beforehand, a written agreement being required, that traditional surrogacy is… Read More »ACT Government Surrogacy Bill

Planning to resolve: ADR in ART

ADR can help resolve disputes in ART cases. ADR is not limited to mediation and arbitration. Other types of informal dispute resolution can resolve disputes. When assisted reproductive treatment cases go off the rails, they can have the next level of bitterness and volatility. There can be a keen sense of betrayal when things don’t… Read More »Planning to resolve: ADR in ART