Same-sex de factos property rights 
By FIA CUMMING - Sydney Sun-Herald, August 2001

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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