A Bill has finally been put before Parliament that will eventually allow federal Family law courts to determine issues of property settlement and maintenance between de facto and same-sex couples.

Introducing the Family Law Amendment (De Facto and Other Measures) Bill 2008 (“the Bill”) on 25 June 2008, the Federal Attorney-General, Mr Robert McClelland, recognised that this reform was “long overdue”. He noted that agreement had been reached between the Commonwealth, States and Territories on this issue, as far back as 2002. The Attorney-General commented that the Bill would simplify the laws for separating de facto couples, noting that:

“The federal family law courts are the specialist courts in Australia with vast experience in relationship breakdown matters. They also have procedures and dispute resolution mechanisms which are more suited to handling family litigation arising on relationship breakdown.”

The Bill is a significant development of the government’s policy not to discriminate on the basis of sexuality, as it will apply also to same-sex couples. It also recognises the simple fact that these days more people choose to live in marriage-like relationships, and therefore an increasing number of people require judicial assistance in determining both parenting and property matters, upon the breakdown of those relationships.

The 2 key aspects of the proposed legislation are:

1. For the first time, Courts will have the power to make super-splitting orders in relation to de facto and same-sex couples. (Such Orders have been available to married couples who separate, since 2002).
2. De facto couples will be able to enter into binding Financial Agreements administered by federal family law. As with married couples, parties will be able to enter into these Agreements before, during, or after, the breakdown of their relationship.

Currently, de facto couples have their property matters dealt with under an assortment of legislation, which varies between the states and territories. In some cases, parties have found themselves in two courts, that is, the federal family courts for parenting issues, and the State courts for property matters. This has obviously added to the already significant financial and emotional burden that separating couples have to face.

The Bill has been referred to the Legal and Constitutional Affairs Committee for inquiry. Its report is due by 27 August, 2008.