Upon relationship breakdown, is each partner (of a defacto relationship) likely to receive 50% of the assets?
Same sex partners who have lived together for 2 or more years and made a contribution to shared property have been able to make a claim for a share of that property under state law since 1999. The major advantage of being included under federal family law is that the process is cheaper, faster and fairer, with far better dispute resolution processes to help couples come to their own resolution than the state courts. The Family Court does not simply give “half” of any property to any partner who applies. The court assesses each partner’s contribution and if one partner has made sacrifices for the relationship – such as time out of the workforce to care for children or for their partner if they are unwell – they can also take that into account when assessing future needs. Typically in a case involving a heterosexual couple who have been together 15 or 20 years and had children where the woman has taken several years out of the workforce and ends up with a far lower earning capacity than
