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Same Sex Relationships

As of 1 March 2009, property and maintenance matters for couples in same sex relationships who separate after that date will be dealt with under the Family Law Act 1975 in all states and territories except South Australia and Western Australia. This means that those same sex couples now have the same financial rights and remedies available to married couples and that such disputes will be dealt with by the Family Law Courts.

Same sex couples that separated before 1 March 2009 will however not be able to deal with property or maintenance matters under the Family Law Act 1975 unless both parties agree, and will otherwise still need to deal with property and maintenance matters through the State Courts and under State legislation. For example, in NSW, such matters will then be dealt with under the Property (Relationships) Act 1984.

As the financial rights and remedies for same sex couples are the same for de facto couples, for further information please see the following sections:

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