Property and financial matters upon the breakdown of de facto relationships
Reforms introduced in 2009 to the Family Law Act 1975 (Cth) have meant that most same-sex and opposite-sex de facto couples (in all states and territories except Western Australia) who end their relationships can now have their property and financial matters dealt with in substantially the same way as married people. This paper aims to provide non-legal professionals in the family law sector with a general outline of the relevant reforms, their genesis, and the arguments in favour of and against their introduction.
Rachel Carson is a Research Fellow with the Family Law and Family Violence team at the Australian Institute of Family Studies.
The author wishes to acknowledge Rhys Price-Robertson, Elly Robinson, Dr Nicola Ross, Dr Grania Sheehan and Dr Dorothy Kovacs for their valuable feedback on earlier drafts of this paper. Appreciation is also extended to Dr Rae Kaspiew, Dr Dary Higgins, Professor Alan Hayes and Shaun Lohoar of the Australian Institute of Family Studies.
Please note: The content of this paper is intended only to provide general information in summary form. It is not legal advice and should not be relied upon as such. Legal and other professional advice should be sought by you or your organisation.