Same sex couples are treated under the same laws as de facto partners are in property settlement proceedings. The laws relating to property settlement at the end of a gay or lesbian relationship have recently changed. Relationships that have broken down on or after 1 March 2009 are now covered by the Family Law Act.

As a result, parties to relationships that have broken down after 1 March 2009 may have broader entitlements than they would have had under state law.

What is a de facto relationship?
A de facto relationship is defined as a close personal relationship between two adults whether related to one another or not, who are living together, one or each of whom gives domestic support and personal care. These include same-sex (gay and lesbian) couples.

How can I prove that I was in a de facto relationship ?
There are many matters that a court will consider when determining whether a de facto relationship existed such as:

1. The length of the relationship;
2. To what extent and under what arrangements the parties lived together;
3. Whether there was a sexual relationship;
4. The financial dependence or interdependence of the parties;
5. The acquisition, ownership and use of property;
6. The degree of commitment by both parties to a shared life;
7. The care and support of children;
8. The performance of household duties;
9. How other people saw the relationship.

I am looking at a property settlement. How is the property split?
Depending on the length and dynamic of the relationship, as well as the way that the parties have arranged their finances, this can be relatively straight forward exercise or involve complex negotiations.

As a general rule, both direct and indirect financial and non-financial contributions are taken into account when determining de-facto property division. The new changes to de facto laws now allow for future needs and superannuation splitting arrangements to be considered as well.

A family lawyer can assist you to negotiate a settlement with your ex-partner, at any stage of the relationship. A family lawyer has the experience necessary to help guide you through the court system should the matter require court intervention. Remember, even if you are negotiating a settlement yourself, in order to make an informed decision, before you sign anything, you should find out what your entitlements at law are

We have come to an agreement ourselves. How can we formalise it?
Parties to a de facto relationship can make financial agreements. Financial agreements can be classified broadly into two categories:

1. Cohabitation agreements (entered into before or during the relationship);
2. Termination agreements (made at or in anticipation of the end of the relationship).

If you have come to an agreement without legal advice, you should obtain advice before you sign anything. We can provide you with the advice needed to make an informed decision before you enter into a binding agreement. We can also assist by drafting the agreement for you to ensure that it covers all the legal requirements that you may not have thought of.

Author Bio: Elizabeth Lane has many years experience in Family Law working with the experienced Family Lawyers at Prime Lawyers in Sydney.

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