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De factos may soon have the
same rights as spouses to a partner's superannuation assets if a relationship
breaks down.
Progress on the reform may hinge on the Howard Government's attitude to same-sex
couples and their inclusion in Family Court proceedings. Federal
Attorney-General Daryl Williams is pushing to bring de facto couples within the
province of Federal family law in property disputes.
Under the changes, de factos would be
entitled to 50pc of their partners' assets, including superannuation unless the
court found this was unfair. At present, de factos must take asset-splitting
disputes to the Supreme Court. Mr Williams has asked State attorneys-general to
refer their powers in such disputes to the Commonwealth, to provide a consistent
national law.
The ACT, Victoria, Tasmania and Queensland
support the move but NSW Attorney-General Bob Debus is stalling until he is sure
the laws include same-sex couples.
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