De facto relationships affected by Family Law Act changes
Australia’s largest specialist family law firm, Watts McCray said today that the recent changes to the Family Law Act will significantly alter the legal landscape for de facto couples throughout Australia at the time of relationship breakdown.
Formerly falling under differing state and territory legislation, same sex and heterosexual de facto couples will now be covered by a national system which will for the first time provide them access to the property and financial settlement regime implemented by the Family Court of Australia and Federal Magistrates Court of Australia.
Touted by the Australian Government as “a simpler, less costly and fairer regime for de facto couples across Australia”, there do exist opposing concerns related to the legislative changes. For example, some have argued that dealing with property and financial settlements for heterosexual and same sex de facto relationships in the same way as married couples, could undervalue marriage, or even expose de facto couples to restrictive laws that they chose to avoid by not marrying - or simply do not know about when entering into more casual “live in” relationships.
Watts McCray Partner and Family Law Accredited Specialist, Mr. Jeff Marhinin, goes on to highlight that of course the changes become noteworthy if the couple separate. However, with the potential for property settlements, splitting of finances and ongoing spousal maintenance, those who have an early understanding of the legal outcomes and implications of their relationship, will often feel more at ease.
Mr. Marhinin also suggests that:
“other clients prefer the certainty that follows the preparation of a written agreement detailing financial outcomes that will occur should a de facto or married relationship break down, and the changes to the legislation confirm the availability of such agreements to de facto and married couples.”
Despite some ongoing controversy and social debate over the use of financial agreements, Watts McCray Lawyers have found that implementing a written agreement at a time when a relationship is solid, can provide comfort and security as both parties are encouraged to turn their minds to considering the more practical aspects of their relationship, and agree upon the eventual financial outcome should things not turn out as they may have first intended.
Perhaps an unexpected result of the legislative changes, is the possibility that a de facto relationship can exist even if one or both people in the relationship are legally married to someone else, or are already in another de facto relationship. As a result, some people may potentially be exposed to more than one claim. This interpretation of the new law is supported by Watts McCray Lawyers Partner Ms. Jackie Vincent who has said:
''Interestingly, someone in more than one relationship, for example living with one partner whilst simultaneously seeing someone else, could also be stung multiple times.'