Archive Article

NSW GLRL article

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The Lobby fights discrimination against lesbians and gay men and their children. You can be part of this fight.

If you would like to help or make a donation to our work, please contact us.

You don’t have to be experienced to get involved. You just have to want to make a difference.

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.

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.

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.

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.

No. The basic rule for these sorts of rights is that partners can only make a claim if you have lived together for 2 years or if you have a child together. Casual partners have no rights to property. Even when someone does have the right to apply, they still have to prove that they have made a contribution to the property in order to be actually entitled to a share

It basically looks at the contributions that each person has made. This contribution may be financial or non-financial and can include home-making and child-rearing.

If your relationship ended before 28 June 1999, the changes won’t apply.

No, social security isn’t affected. Social security is governed by the Federal Parliament. This Act only deals with NSW laws.

Superannuation is also generally Federal and has to be dealt with separately. This means most same sex couples are not recognised for super purposes but members of some State super schemes are covered. Check with your fund.