- Lesbians
and gay men have new rights
After a
long fight by the lesbian and gay community, from 28 June 1999 same
sex couples enjoy most of the same rights in NSW as heterosexual de
factos.
- If
you are in a de facto or domestic relationship the changes apply to
you.
De facto
relationships are relationships between two adults who live together
as a couple. Domestic relationships include those who live together
where one provides the other with domestic support and personal care.
This doesn't cover flatmates or paid carers.
Other requirements
sometimes have to be met. The most important is that, in most cases,
people need to have lived together for 2 years.
Important
areas where we have rights -
- Property
division on relationship breakdown
Couples
and carers can now get court assistance to disentangle their finances
without the need for expensive court processes.
- Decision
making in case of incapacity or death
Same sex
partners can now get information about sick lovers and participate in
vital decisions. We will be able to say good-bye to partners who are
dying.
Same sex
partners can now claim compensation if their partner dies in an accident.
This also applies to claims for psychological injury. We will no longer
face being left impoverished if we are financially dependent.
Same sex
partners can transfer property to joint ownership without paying stamp
duty.
Other areas
which are covered include bail applications; notification of partners
of patients with mental illness; and provision for partners when a person
is unable to manage his/her own affairs.
Although
we now enjoy many rights, some problems remain and we do not yet have
full equality. Changes to the Anti-Discrimination Act and some smaller
pieces of NSW legislation still need to be made. Other relationships,
including those of couples who don't live together, don't have sufficient
legal protection. And there have been no changes made to important areas
of law which are governed by the Federal Government, including superannuation.
Same sex
partners will automatically inherit a partner's assets where they die
without a will. However, as at August 1999 these provisions had not
come into effect. It is expected that they will commence before the
end of the year.
Frequently
asked questions:
- My
partner and I want to keep our property separate, can we?
Yes. It
is possible to arrange your property the way you like. Those couples
who wish to can make a cohabitation agreement when entering into or
during a relationship. You can modify the way the law operates in other
ways too - for example, by making a will or appointing a guardian to
make decisions in case of illness.
- What
if we don't live together?
Couples
who don't live together are not covered and currently have few rights.
The Lobby has proposed that couples who don't live together (or who
haven't lived together for long enough) should have rights in some circumstances
- for example where they own property together and need help dividing
it up or where one is financially dependant on the other who dies without
a will.
- Do
we have to go to court if we break up?
No. This
option is only to assist people who need it. There is nothing to stop
you just dividing things up. This can be formalised as a separation
agreement if you wish.
- I want
the law to stay out of my life, how do I arrange that?
You can
limit the application of the new law by ordering your affairs - for
example by making a will or appointing a guardian.
Unfortunately
no-one can guarantee the law will stay out of his/her life completely.
Sometimes it steps in when it is unclear what should happen - for example
when people can't agree or if you die without a will. Where all of this
is decided in advance, it's not so likely to be needed.
- What
if I bring a casual partner home, will s/he be able to claim my property?
No. The
rule of thumb is that de facto partners are recognised after 2 years
of living together (although this depends on the rights in question).
Casual partners have no rights to property. Generally, couples can only
apply for a property division after 2 years of co-habitation or if they
have a child together.
- What
does a court take into account when it's dividing property?
It basically
looks at the contributions that each person has made.
- Will
the changes apply to me and my ex?
If your
relationship ended before 28 June 1999, the changes won't apply.
- But
won't I lose my social security?
No, social
security isn't affected. Social security is governed by the Federal
Parliament. This Act only deals with NSW laws.
- Will
this fix up the problems with superannuation?
Superannuation
is also Federal and has to be dealt with separately. There is a Bill
before the Federal Parliament to change super laws so that same sex
partners are covered.
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Get Involved today!
Print out a membership
form and mail it in. You can contact us one of the following
ways:
Phone: (02) 9360 6650 - Fax:
(02) 9331 7963 - PO Box 9, Darlinghurst, NSW, 1300 - Email: info@glrl.org.au
(Contact the webmaster here
> jason@webitwebsites.com)
© Gay
and Lesbian Rights Lobby Inc. (Incorporated in New South Wales)
All rights reserved.
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