Today
Division of separated domestic partners’ assets and financial resources is determined by the State legal system. Different
laws and regulations apply depending in which State the partners live. Domestic couples who have children must deal with two separate court systems, the Family Law Court for parenting issues and the State Courts for property issues.

In Victoria, division of assets is governed by Part IX of the Property Law Act 1958 as amended and/or the general common law and
equitable principles.

The division of domestic partners’ assets is based on contributions and no adjustment is made for future needs of the parties as is the case for married couples. There is no legal basis for parties to enter into Binding Financial Agreements or to make provision for financial support for the domestic partner who predominantly performed the role of home maker and proposes to continue that role after separation.

Tomorrow
Domestic partners will shortly have equality in relation to regularising their financial relationships either during cohabitation or post separation.

The definition of a domestic relationship has been amended to include couples irrespective of gender and also couples who
are not residing under the same roof but provide financial and other support to each other.

Changes in domestic relationship laws concerning financial matters are intended to improve access to justice for domestic
couples, reduce legal costs and streamline litigation. This will occur when the Defacto Relationships Bill (Commonwealth) is proclaimed.

Victoria – No Longer Victorian!
In Victoria the Relationships Act 2008 (“the Act”) has passed both Houses of Parliament
and is proclaimed to commence on 1 December 2008.

The principles under the Act mirror the principles under the Family Law Act. When
determining a division of property between domestic couples a court will not only
valuate contributions which have been made by each of the domestic
partners before, during and after the relationship but will also look at
the future needs of the parties.

Additionally, there is provision for making claims for spousal
maintenance, an entitlement which was not available to domestic
partners under the Property Law Act.

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