De facto couples have the same rights as married couples under the Family Law Act 1975 in relation to property distribution, and the same responsibilities for child support and maintenance. Which option correctly states this?

• A. They have the same rights under the Family Law Act 1975 as married couples.
• B. They have fewer rights.
• C. They have no rights.
• D. They have rights only under NSW law.

Answer: (A)

The law treats de facto relationships the same as marriages for property and maintenance matters under the Family Law Act. When a de facto relationship ends, the parties can access the same court-based process to achieve a just and equitable property settlement, with the court weighing financial and non-financial contributions, the length of the relationship, and future needs. Child support obligations follow the same framework, administered under the national scheme, just as they are for married couples. This parity is why the statement that de facto couples have the same rights and responsibilities under the Act is correct, provided the relationship meets the Act’s qualifying criteria.