Advice

De facto and same sex relationships

The Domestic Relationships Act 1994 (ACT) (“the Act”) gives Courts broad discretion to divide property between parties to domestic relationships, allows Courts to award maintenance to parties to domestic relationships and sets out the requirements for the validity of agreements made between parties who are contemplating entering a domestic relationship, who are in a domestic relationship or who have separated.

The Act enables Courts to make orders adjusting the property interests held by parties following separation on a “just and equitable” basis.

In NSW under the Property (Relationships) Act 1984 the Courts focus primarily on the contributions made by each party to the relationship, and divide property accordingly. The approach taken in the ACT is much broader, and includes a consideration of factors relevant to whether a party is entitled to receive maintenance under the Act.

The Act empowers a Court to order that one party pay lump sum or periodic maintenance to another.