Recent amendments to family law legislation have made it possible to deal with both opposite and same sex de facto relationship under the Family Law Act 1975.

At Smith Reid we appreciate that the breakdown of a de facto relationship can be very distressing for couples, children and immediate family. We are sensitive to the delicate issues that can arise from Relationship and De Facto law.

We offer the following services:
• Financial Agreements, in accordance with the Family Law Act 1975
• Domestic Relationship Agreement and Termination Agreement, in accordance with the Property (Relationships) Act 1984
• Property Adjustments
• Parenting Applications

Financial Agreements may be entered into before during or after a de facto relationship. Provided that the written agreement complies with Part 8AB, Division 4 of the Family Law Act 1975, the parties are obstructed from going to Court for orders relating to the property already covered by the agreement. Financial Agreements can cover all of the property of the parties (including superannuation) or selected assets only. Compliant Financial Agreements are binding and enforceable on both parties and can only be set aside in very specific circumstances.

A Domestic Relationship Agreement may be entered into before or during a de facto relationship. A Termination Agreement may be made in contemplation of terminating the domestic (de facto) relationship or after the relationship has been terminated. Similar to the Family Law Act Agreements, these Agreements can operate to obstruct the parties from seeking Court orders relating to property already covered, providing that the written agreements comply with Part 4 of the Property (Relationships) Act 1984.

In the event that no agreement can be reached between the parties of a de facto relationship that has broken down in respect of the property of that relationship, a party is able to bring an Application for Property Orders under the Family Law Act to have the property of the relationship adjusted and/or distributed between the parties. The Court will consider the financial and non financial contributions of the parties as well as their future circumstances and needs in making a determination that must be "just and equitable" in the circumstances of each individual case.

Whether a child is born out of a marriage, de facto (opposite sex or same sex) relationship, or otherwise, the Family Law Act deals with most matters pertaining to children upon the breakdown of a relationship, or where a dispute arises. A parenting application may be made to the Court to determine with which parent a child will live and/or spend time as well as other related issues that may arise in individual cases. The Court may make Parenting Orders, by way of Consent Orders after agreement has been reached by the parents, or by way of a defended/litigated Parenting Application.

The Court's primary and guiding consideration in determining a parenting arrangement is serving the best interests of the child. Where appropriate, our services also include urgent applications to prevent or allow the relocation of a child.

Contact our office on 9517 1988 to discuss how our Relationship and De Facto Law services could help you or fill out and submit the following form.