On 1 March 2009, new laws regarding maintenance and property division for people in de-facto relationships came into effect.
We have seen the media refer to the new laws as "mistress laws" and
notwithstanding “mistresses” may gain some rights in limited
circumstances, the main purpose of the new laws is to bring the rights
of de-facto couples in line with the rights of married couples.
The new laws allow de-facto couples, when they separate, to apply for
property settlements based on the same principles which apply to
married couples under the Family Law Act 1975.
The definition of “de-facto relationship” has also been amended and is
now defined as “a relationship between two people who live together on
a genuine domestic basis, whilst not legally married or related to each
other”. It can exist between two people of the opposite sex or between
two people of the same sex.
See our Domestic relationship agreement for de facto couples under the “Family and Domestic Relationships” category.
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