Same sex and de facto legislative changes

Same sex and de facto legislative changes De facto relationship breakdown and Family Law The Family Law Amendment (De Facto Financial Matters and Other Measures) Act 115 of 2008 received Royal Assent on 21 November 2008. The Act enables opposite sex as well as same sex de facto couples to access the federal family law courts on property, custody and spouse maintenance matters, in the event of their relationships breaking down. They will be able to obtain court orders to flag and/or split superannuation interests in the same way as legally married couples. In addition, the courts will be able to make orders for maintenance, or to declare or alter the rights of a party in respect of property.

De facto couples in participating jurisdictions (excluded if either party is ordinarily resident in WA or SA) will also be able to enter into binding financial agreements – before, during or after the breakdown of their relationship.

Same sex superannuation entitlements

The Same-Sex Relationships (Equal Treatment in Commonwealth Laws-Superannuation) Act received Royal Assent on 4 December 2008.

The legislation amends the definition of 'spouse' and 'child' in the Superannuation Industry Supervision (SIS) to ensure that persons in same sex and de facto relationships (as well as their children) are potentially entitled to superannuation (and anti-detriment) benefits as dependants upon death.

Members will also be able to split superannuation contributions with a same sex partner.

Plum is currently analysing the impacts of these changes and will be implementing the necessary system and procedure changes over the coming months.