Same Sex Financial Agreements

Types of Same Gender Agreements

Pre cohabitation

During cohabitation

Separation

Does the Law recognise our same sex relationship?

Similar to any other de facto relationship, a same-sex relationship is recognised under the Law when two adults live together as a couple in a genuine domestic relationship.

Common residence is more important than a sexual relationship. However, it’s not a matter of simply living under the same roof, or sleeping in the same bed.

For a relationship to be recognised, it’s essential the parties intend to live in a genuine domestic partnership.

Other factors in determining whether or not a de facto relationship exists are the degree of financial dependence or interdependence, and any arrangements that the couple may have for financial support.

How long do we have to live together before we are recognised as being in a same sex relationship?

Depending upon the situation, there may not be any time limit as to how long you must live with your partner before the law recognises that the relationship exists.

Centrelink, for instance, has much broader rules in determining if a de facto relationship exists than say the Family Courts. In other situations it may be a requirement that the persons be in the relationship for a minimum period before they attain certain rights.

If the relationship ends can my partner make application for a portion of my property?

Yes, either partner can apply to the family court for a de facto property settlement under the provisions of the Family Law Act when any of the following conditions apply:

• The de facto relationship lasted for at least 2 years in total
• There is a child of the de facto relationship
• Either party has made a substantial contribution to the financial resources of the other party.
• You registered the de facto relationship under a state or territory law, eg formalising the relationship through a civil ceremony.

Are there other ways to finalise property settlement without involving the courts.

Yes, a Financial Agreement is the most cost effective and least stressful method way to settle issues about how assets will be divided without involving the Courts.

Same sex de facto agreements are covered by Part VIIIAB of the Family Law Act 1975 (cth) and the Family Court Act 1997 PART 5A Div 3 in WA.

Financial Agreements allow you set out in writing how you will distribute property, deal with financial resources or maintain each other in the event that your relationship breaks down.

Financial Agreements can be made…

These agreements generally bind the Court and keep the matters in the agreement out of litigation and off the public record. Going through a separation is stressful enough without the costs and uncertainty associated with court proceedings.