The Federal Government has recently amended the Family Law Act to allow couples in de facto relationships, including those in same-sex relationships, to access the same property settlement rights afforded to married spouses.
Although these amendments will result in a number of changes to the way de facto property settlement matters are determined, there are two changes of particular significance.
First, separated de facto partners may now be entitled to access superannuation entitlements from their former partner by way of a superannuation splitting order. Previously, superannuation splitting orders were only available to married spouses.
Second, separated de facto partners may, in certain circumstances, be entitled to receive maintenance payments from their former spouse.
Given that the courts adopt a subjective approach in determining whether a de facto relationship existed between two former partners, there is now a very real possibility that partners who maintained a long-standing affair, or married spouses who conducted extra-marital affairs, may be required to provide maintenance to the other person.
Please contact one of our MDRN family law Solicitors Alison King or Craig Turvey to discuss your legal rights. All information is kept strictly confidential.
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