Whilst I am all for same sex marriage, very little will change when it comes to property orders and spousal maintenance orders for same sex couples if same sex marriage is made legal.
The definition of a de facto relationship in the Family Law Act is two people who are not married to each other who have a relationship as a couple living together on a genuine domestic basis. This includes same sex couples.
There are only minor differences between how applications are made under the Family Law Act by de facto couples compared to married couples. Some of these differences are outlined below.
Conditions
For a court to make property orders in a de facto relationship one of the following conditions must be met:
- The relationship was for at least 2 years
- There is a child of the relationship
- The relationship was registered; or
- That there would be serious injustice due to the significant contributions made by one party if an order was not made.
In comparison a married couple just needs to have been married to attract the jurisdiction of the Court.
Timing
De facto couples have 2 years from the breakdown of the relationship to make a claim. Whereas married couples have within 1 year of a divorce becoming final.
At least in the family law context, same sex couples have substantially the same rights as married couples. We will have to wait and see whether they will also get the same marriage rights.
For further information about de facto relationships, family law issues, or divorce please contact Clare at Oakhill Lawyers.