The Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 brought all de facto couples including same sex couples under the umbrella of Commonwealth laws relating to spousal maintenance and property settlements (including superannuation splitting). This came into operation on 1 March 2009 and applies to couples separating after that date. Couples separating prior to 1 March 2009 may opt in by consent otherwise their matters are dealt with by the State Courts.
· The Same Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 and the Same Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008. These Acts have the effect of amending 84 Commonwealth laws to eliminate discrimination against same‑sex couples and their children in a wide range of areas which include family law, child support, superannuation, social security, taxation, Medicare, veteran’s affairs, workers’ compensation, educational assistance. The majority of the changes took effect on 1 July 2009. The following are of particular interest:
o recognition of the child or children of same sex couples: this applies to any child or children born to a same-sex couple during their relationship as a result of an artificial conception process consented to by the non-birth mother. It now means that the law recognises the child or children as the child or children of both the biological and non-biological mother and recognises that the donor is not a parent of the child or children at law. This applies even if the child was born before the change of law.
o child support: changes to the child support legislation now enable same-sex parents who separate to apply for child support/
o superannuation: partners and children from same-sex relationships are now eligible for reversionary or death benefits under private and Commonwealth superannuation schemes
o social security and family assistance: recognition of same-sex relationships and the children arising from them to provide the same access to social security and family assistance payments as heterosexual couples;