About De Facto & Same-sex Relationship Law
Section 90SM of the Family Law Act 1975 is relevant to a Court determining what Order to make in property matters concerning de facto parties, or same-sex parties. Factors to be taken into account include:
- The financial contributions made directly or indirectly by, or on behalf of a party to the relationship.
- Any non-financial contributions made directly or indirectly.
- The contributions by the parties to the welfare of the family.
- The effect of any proposed Order upon the earning capacity of either party.
- The age and state of health of each party.
- The income, property and financial resources.
- Whether either party has the care or control of a child.
- The commitments of each party that are necessary to enable the party to support themselves or a child.
- The responsibility of either party to support any other person.
- The eligibility of either party for a pension allowance or benefit.
- Any child support that a party has paid or is, or might be liable to provide in the future.
- The financial circumstances relating to co-habitation with another person.
- The extent and the duration of the relationship.
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