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Marriage equality
Wednesday, January 02

Gay couples in Oz could get equality in divorce, if not marriage

Source: The Australian
GAY and de facto couples who separate are set to win the same property rights as married couples under the revival of a long-dormant plan for law reform.

Victorian Attorney-General Rob Hulls said he had won commonwealth and state backing for the federal law to be changed to let separating gay and de facto couples access the Family Court to split up their assets.

Mr Hulls said these groups were currently forced to use the state courts to solve disputes over assets, creating significant costs, complexity and delays.

The changes would allow them to resolve disputes in the Family Court - which has jurisdiction over gay and de facto custody disputes - just as married couples do.

The changes would allow the Family Court to adjudicate on the division of assets, including superannuation.

"Why should people be discriminated against in resolving their property disputes simply because they are not married?" Mr Hulls said.

"It's extremely costly for them at the moment. The Family Court is far more accessible, less costly and more user-friendly."

The plan has been up for discussion since 2002, and all states eventually agreed to grant equivalent rights to gays and de factos. But the change was blocked because the commonwealth and states could not agree.

The Howard government eventually agreed to allow the change for straight de factos, but not gay couples.

The Rudd Government went to the election with a promise to amend 58 laws regarded as discriminatory by the Human Rights and Equal Opportunity Commission, which has called for reforms on property rights for gays and de factos.

Full article: Push for equal gay and de facto couples' rights | The Australian

Posted by NewsEditor on Jan 02 2008, 11:19 AM [Permalink]


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