HG Paper: Marriage Without The Ceremony - Sep 2008

After a number of false starts under the previous government, at 9:01am on 25 June 2008 Federal Attorney-General Robert McCelland introduced a Bill to amend the Family Law Act 1975 to bring de facto financial matters under the same jurisdiction as marriages.

The Family Law Amendment (De facto financial matters and other measures) Bill 2008 can quite properly be described as one of the most significant changes in relationship law in Australia since the introduction of the Family Law Act in 1975. 

For the first time the division of property for de facto couples (be they opposite sex or same-sex) will be decided by uniform legislation and this will take place in the federal courts exercising jurisdiction under the Family Law Act.  De facto couples who separate will no longer need to litigate on two fronts, that is, litigation in state courts to divide property and litigation in federal courts regarding parenting arrangements for children.

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