Commonwealth legislation

FLA 2008 amendments

The Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth) amended the FLA with two major reforms.

First, it brought de facto (redefined to include same-sex couples) property matters within the jurisdiction of the Family Court. Couples who separated prior to 2 March 2009 can opt into the Family Court jurisdiction by consent. Among other advantages, this now enables same-sex and heterosexual de facto couples to benefit from the superannuation splitting provisions of the FLA and to have the care and control of a child of the relationship taken into account in property settlements and maintenance (ss 60 EA, 60HA, 60H(1), 90RB, 90SF FLA).

Second, the amended FLA now conclusively presumes that the non-birth mother (“the intended parent”) of a child born through artificial conception procedures is the parent of the child (s 60H(1)). In relation to surrogacy, if a court has made a substituted parentage order, then the child is the child of the parents named in that order (s 60HB(1)).