De-facto couples who settled property disputes in the last three years or who entered into binding financial agreements may need to review their legal positions due to an oversight by legislators.

The Family Law Act sets out rules for property divisions and maintenance orders after a relationship breakdown this includes Court orders and Binding Financial Agreements. Until 2009, this Act only applied to married couples as de-facto couples were governed by the various State laws.

However, when the Family Law Act was changed in 2009 and most States transferred powers to the Commonwealth, Proclamations needed to be made to bring the changes into effect and allow the federal family courts to rule on these matters. Due to an oversight, these Proclamations were not made, leaving separated de-facto couples with uncertain legal positions. (more…)