It’s about time our government reformed the laws that heterosexual Australians take for granted each day. The purpose of the reforms is to align same-sex relationships before the law to opposite sex de facto and married couples. The reforms result in amendments to 84 Commonwealth Acts of Parliament to eradicate discrimination against same-sex couples and their families in respect of – but not limited to – social security, taxation, Medicare, veteran’s affairs, superannuation, family law and child support.

From July 1, 2009 that gold or gold-plated pot at the end of your rainbow-striped life of labour (otherwise known as superannuation) can now be left to your one true same-sex love, or the children that result from your same-sex union.

LGBT people have long been able to nominate their significant others as beneficiaries of our super entitlements. However, there was the hurdle of ‘loving’ family members, however remote, making applications in court to challenge the validity of said nominations after death, with deserving and loving partners being left on the street penniless after years of commitment, irrespective of desired nomination.  

The social security reforms which come in on Wednesday, July 1 mean that LGBT people finally attain recognition as couples for the purposes of social security or family assistance.  

However, recognition may come at a cost if you receive Centrelink benefits. Mr or Ms Right may now have to pay your way should you wish to have your relationship ‘recognised’ (and you do have to inform Centrelink if you’re in a relationship).  

That’s right; you will not receive benefits or they will be significantly reduced as a result of these reforms – which begs the question: Same-sex relationship recognition or economic policy? Regardless, you now have to share your cake with the rest of the community if you want your relationship recognised in the Land of Oz.  

The crux of the reforms is that same-sex relationships are now recognised as de facto relationships under the Family Law Act 1975.  Same-sex litigants may now make application for property orders with the addition of superannuation interests now recognised as divisible property when seeking property settlement subsequent to a de facto relationship breakdown. 

Spousal maintenance is also available for same-sex relationship litigants as a result of the reforms, which now align the legal rights of married persons with de facto partners (including same-sex partners).  

Your loving relationship is now ‘recognised’ and you have similar ‘rights’ to heterosexual persons, which begs the question: Have you protected your rights when or if love leaves your relationship?

Steve Tropoulos is a family and de facto lawyer.

http://twitter.com/SteveTropLaw

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