This document provides information about parenting, de facto relationships, and estate planning from the law firm DTL. It discusses who is considered a legal parent under the law, including donors using assisted reproductive technology. It also outlines what constitutes a de facto relationship and factors considered by courts, and covers property division for de facto couples. Finally, it discusses wills, powers of attorney, guardianship, and evidencing relationships to properly manage finances and medical decisions.

2. ABOUT DTL
 We are LGBTQI
 We are experienced family and property lawyers
 We know the complexities of relationships
 We do fixed fees for clients’ certainty and transparency
 We are always accessible
 We give a shit about our clients

3. Parenting

4. Who is a parent
Consideration of Commonwealth and State law:
 Section 60H Family Law Act 1975 (Cth)
 Section 14 Status of Children Act 1996 (NSW)
 Section 65C Family Law Act 1975 (Cth)
 Section 12 Surrogacy Act 2010 (NSW)

5. Who is a parent
Case Study: Re Patrick (2002) 28 Fam LR 579
 The sperm donor wanted to be a parent of Patrick*
 The parenting agreement was entered into prior to the birth of
Patrick
 The parenting agreement was evidence of the parties intentions
 The court considered what was in the best interests of Patrick
 Also see AA v BB and LU v Registrar of Births Deaths and
Marriages (No 2)

6. Who is a parent
Donors
 Donors are not regarded as legal parents, regardless of
intention
 Donors may later seek parenting orders for the care and
wellbeing of a child
 Donors may enter a parenting agreement with the other
party/parties for the purpose of setting out the parties’
intention with respect to the child’s care and wellbeing, and
the child’s contact with the donor and other party/parties

7. Who is a parent
Donors continued
 Parenting agreements are not binding or enforceable, but
they are important from an evidentiary point of view
 Often other documents are important to evidence such
intentions, including Wills
 Handout (Parenting Agreement example)

8. De facto
relationships

9. What is a de facto?
There is no exhaustive definition
The court will consider:
i. the length of the relationship;
ii. the nature of the relationship;
iii. if the couple were engaged in a sexual relationship;
iv. the financial arrangements that existed between the parties
during the relationship;

10. What is a de facto?
vi. the arrangement between the parties for the ownership of assets
and whether they own properties jointly;
vii. the degree of commitment to the relationship;
viii. whether the relationship has been registered in any state or
territory;
ix. the existence of any children; and
x. the reputation and public aspects of the relationship.

11. What is a de facto?
Case Study: The unwilling de facto – Toms v Centrelink 2014
 Friends with benefits
 Freedom of sexuality in the age of Grindr and Tindr
 Intention of the parties is sometimes different to relationship
presentation and factual de facto consistencies

12. ‘Friends with Benefits’ (2011)

13. Property division

14. The basics
 Two year minimum cohabitation + de facto before a party can apply
to the court
 What is the length of the relationship?
 Who owns the assets? Joint ownership vs separate
 What are each party’s financial contributions?
 What are each party’s non-financial contributions?
 Is there a homemaker?
 What is the health of the parties?
 What are the incomes of the parties and what are the ongoing
employment prospects like?

15. Consent orders
 Consent orders are binding court orders that are rarely
appealed
 Parties can informally agree on a settlement before
engaging a lawyer for preparation of consent orders
 Parties can formally agree on a settlement through
negotiation or mediation, then proceed to consent orders
 Consent orders require full disclosure and a fair split of the
assets of the relationship between the parties

16. Disputes about property
 Issues in dispute usually revolve around perception of
contributions and narrow views of asset protection
 Sometimes one party earns considerably less than the other
and that party also acts as homemaker
 Sometimes one party has a related family business
generating a substantial income for the parties, but on
separation the other party might argue that they contributed
to that wealth directly or indirectly

17. Disputes about property
The court will consider prescribed inidicia in the Family Law Act
covering age, health, income, children, standard of living of the
parties during the relationship, opportunities for employment and
training to gain employment and so on.

18. Life, death and
loved ones

19. The Will
 Rules for what happens to your money and assets after
you die including appointing beneficiaries
 Appoints an executor to administer your estate
 Sets out your intentions with respect to donation of
organs, funeral arrangements and charitable gifts
 Cannot assign an interest in superannuation

20. No Will when you die
 The Succession Act determines who gets what, placing
the deceased’s spouse in possession of the lion’s share

21. Family Provisions Claims
 People left out of your Will may be entitled to claim on
your estate
 If you cut somebody out, give solid reasons
 If you have been left out, speak to us first
 The court will consider the plaintiff’s relationship with the
deceased including financial, emotional and living
relationship

22. Powers of Attorney //
Enduring Guardians
 A Power of Attorney give financial powers to an attorney
while you are alive, usually when you lose capacity
 An Enduring Guardian is a person with power to make
medical and care decisions on your behalf when you
lose capacity
 Who do you trust with your money and health if you
cannot make decisions independently?

23. Evidencing your relationships
 Register you relationship with Births, Deaths and
Marriages
 Execute a Will
 Execute a Power of Attorney
 Execute an enduring Guardian document
 Have your Medicare cards sychonised