New legislation – couples to decide on property splits
By Barry Morwood

BOTH heterosexual and same-sex couples in Queensland now have the right to decide for themselves how property will be divided following a relationship split.

The new laws are contained in recent groundbreaking amendments to Queensland's Property Law Act.

Basically, the changes mean that cohabitation or separation agreements between couples of whatever description will be recognised by the courts and enforced legally.

Effectively, Queensland has been brought into line with the rest of Australia in terms of legislative recognition of same-sex couples and providing people in de facto relationships with reassurance and legal rights.

Queensland's courts now have very wide authority to divide the property of de facto couples.

In effect, those living in de facto relationships in Queensland now have rights in relation to the division of property that are similar to those enjoyed by married couples under the Family Law Act.

Importantly, the legislation guidelines ensure that when property is being divided, the many and various contributions made by the parties to a relationship are taken into account.

Thus it is now recognised in law that contributions are made not just in the clear-cut sense of money paid but in terms of home-maker and parent duties as well.

Couples will also benefit from the greater flexibility provided by the new laws through allowing couples to make their own decisions and have them upheld by the court.

It's my belief that all de facto couples should seriously consider cohabitation agreements.

A legally binding document can avoid uncertainty when it comes to the ownership of property and minimise disputes.

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