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Same sex partnerships have no formal requirements in dissolution of the relationship. If the parties have been together for two years or more , property is divided according to the Property (Relationships) Act. Decisions are based on financial and non-financial contributions of spouses, also the length of the relationship and if it was sexual or platonic. However, unlike other relationships the future needs of parties are not considered. .
The definition of family members in the Family Law Reform Act 1995 (cth) is very broad and includes anyone who has ever had a residence, contact or specific issues order or has ever lived with someone who is a member of the family. Family violence orders are those orders made under State legislation such as ADVO's to protect from family violence. Law reform in the area of domestic violence is continually under review, however the success of past law reform is difficult to judge due to the fact that so many domestic violence cases go unreported. The Crimes Act 1900 (NSW) was amended to the Crimes Amendment (apprehended violence) Act 1999 (NSW) and provides protection for all involved in domestic violence regardless of sex or sexual orientation. An example of reform of domestic violence laws is the case .
R v McEwan 1996 where the victim used " battered woman syndrome" as a defence for killing his homosexual partner. Men are now included in the definition of battered women syndrome.
Since 1988 decisions about children from de facto are made the same way as for the marriage, i.e. via Family Law Act 1975 (Cth) and family law courts. Before then, these matters were decided by individual states. The Adoption of Children Act 1965 (NSW) allows married couples, heterosexual de facto couples and single people to adopt. Same sex couples are not eligible to adopt as a couple. The Law Reform Commission has recommended that this be changed and that same sex couples be allowed to apply to adopt.
