The New De Facto Legislation

The new de facto legislation regime commenced in 1 March 2009.

The Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 now realises a much anticipated and far-reaching regime of change, which will affect de facto (heterosexual and homosexual) couples;

The amendments to the existing sections of the Family Law Act 1975, insert a new Pt VIIIAB of the Act, which will deal with declarations, maintenance and property adjustment for de facto couples.

The new law will apply to de facto couples in those states or territories, which have referred their powers to the Commonwealth. Where the new law applies, the existing state or territory law is superseded.

It will apply to de facto couples that have not yet separated on a final basis or would be de facto couples. Indeed, some people who thought they had separated on a final basis, realising the advantages of the new regime, may well have an apparent resurgence of “love” and “commitment” for their de facto, to only later separate under the new regime.

At the most recent NQLA Conference, a strange collaboration between a brilliant family lawyer, Willis FM, and a mere mortal, Dean Morzone, presented a paper dealing with the advent of the new national de facto property law, entitled: “The New De Facto Legislation — Naturally Queensland Leads the Way.”

Here, by popular demand, they re-publish a handy flow chart of hoops and hurdles, and a comparative table.

Willis FM & DP Morzone