Do the new laws apply to the Breakdown of All De Facto Relationships?
No, the new laws apply only when the relationship breaks down on or after 1 March 2009. Any Court Application must be made within 2 years of separation. However, in exceptional circumstances, a court may grant leave to make an application out of time. For people whose relationship broke down before 1 March 2009, State Laws continue to apply. However, if both parties agree after each having obtained independent legal advice, they can opt in to be covered by the new laws. The choice to opt in must be in writing and each party’s lawyer must provide a certificate to confirm that the independent legal advice was given. Opting out of the new De Facto laws If a couple wishes to willingly opt out of the new laws so that they do not apply to their relationship, they are able to make a Financial Agreement under the Family Law Act in the same way that married couples can. A Financial Agreement (sometimes referred to as a Binding Financial Agreement) can cover arrangements for Division of property
