Difference Between Married and De Facto Relationships
The Commonwealth power to legislate for marriage and ‘matrimonial causes’ is supported by sections 51(xxi) and (xxii) of the Constitution, whereas the power to legislate for de facto financial matters largely relies on referrals by States to the Commonwealth in accordance with section 51(xxxvii) of the Australian Constitution. A special cause was created called a ‘de facto financial cause’ see the Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008 Explanatory Memorandum
However, the definitions of ‘matrimonial cause’ and ‘de facto financial cause’ differ in some respects, due to the different sources of Commonwealth power to legislate for these matters. Paragraphs (a) to (d) of the definition of ‘de facto financial cause’, in the Family Law Act 1975 therefore, limit the proceedings within each of those sections to proceedings taken once the relevant de facto relationship has broken down.
Read more about this topic: Family Court Of Australia
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