Any de facto relationship that has broken down after 1 March 2009 is dealt with under the Family Law Act 1975 when discussing property settlements. This includes both homosexual and heterosexual relationships.

In order to bring a claim for a financial settlement pursuant to the Family Law Act 1975, the following requirements must be met:

• A de facto relationship must have existed.
• At least one of the parties must be an Australian Citizen, or a resident or Australia and be present in Australia on the day Court proceedings are commenced.
• The period or total period of the relationship is at least 2 years, subject to some exceptions or qualifications.
• One or both parties is ordinarily resident in a State which conferred the power upon the Commonwealth (Qld, NSW & Tas) AND the parties have lived in that State for at least a third of the relationship.

A two year limitation period exists from the date of separation. You must commence court proceedings within this period or finalise an agreement regarding financial matters, although there are some exceptions to this.

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