The Relationships Act

The Relationships Act of 2008 will come into force shortly.  This will have major implications for people who choose not to marry.  It will also apply to same sex couples.

Domestic relationships, previously known as "defacto relationships", will now be regulated.  Important changes include:

• the Act creates a "relationships register" to enable parties to register their relationship, which will constitute conclusive proof of a domestic relationship.
• a domestic partner can apply to a Court for an order to adjust property rights and/or maintenance, within 2 years of the relationship ending.
• the Act enables a domestic partner to apply to the Court for maintenance in circumstances where they can establish that their earning capacity has been adversely affected by the relationship.
• a Court cannot make an order inconsistent with a relationship agreement entered into between the domestic partners, provided the agreement complies with the Act.

Couples people considering entering into a domestic relationship should be aware of the new Act and how it might impact upon them if their relationship breaks down.  We recommend that anyone entering into a domestic relationship ought consider having an agreement so as to give the parties certainty in how they wish to deal with their assets and, for example, whether maintenance should be paid if the relationship ends.

People choose not to marry for a variety of reasons, some because they do not want to take on the financial obligations that arise upon marriage.  This will now change and people may find themselves subject to the Family Court or Federal Magistrates Court if their relationship breaks down and one party wants to dispute the way in which assets are divided or want maintenance from the other party.

A person entering a domestic relationship ought consider protecting themselves, their assets, and their families by seeking legal advice.

For further information contact Elizabeth Hall, Annemarie Farrell or Meaghan Smyth in our Family Law department for advice about The Relationships Act or advice about Family Law issues generally.

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