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ARTICLE · 05 MARCH 2009

New De Facto Laws: Looking At The ‘Myth-Conceptions’

The amendments to the Family Law Act that came into effect on 1 March 2009 have received much media comment.

AustraliaFamily and Matrimonial

The amendments to the Family Law Act that came into effect on 1 March 2009 have received much media comment. The Daily Telegraph article "New de facto laws mean cheats no longer prosper" by Nick Leys is just one of the numerous press articles which has unfortunately raised more myth-conceptions about the new legislation.

I will attempt to explain some of the 'mythconceptions'.

1. The 'new' laws leave cheating husbands open to divorce-style litigation from their mistresses, who can now claim income maintenance, property and even superannuation funds.

The amendments to the Family Law Act have (for some reason known only to the press media in this country) been dubbed 'mistress laws'. This is a complete distortion of the truth. The amendments to the Family Law Act now allow for a uniform system of dealing with de facto relationships.1 The amendments allow de facto couples (regardless of their sex) to deal with property settlement claims in the same Courts as

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