Same-sex Relationships

The Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 legislation was passed on 26 November 2008 and came into effect 1 January 2009. The new legislation eliminates discrimination against same-sex couples and their dependants.

The MilitarySuper Rules have been amended to allow an eligible same-sex partner to receive a death benefit subsequent to the death of their partner. Eligible children of same-sex couples are also acknowledged as part of this legislative amendment.

Members in same-sex relationships do not need to register their relationship with MilitarySuper as eligibility will be determined at the relevant point in time.

Family Law changes for same-sex couples

New provisions have been introduced to the Family Law Act 1975 permitting both opposite-sex and same-sex de facto couples to access the Federal Family Courts on property and maintenance matters. The changes also include recognition of financial agreements between de facto couples and super splitting where determined by court proceedings. The date of effect for the introduction of financial agreements and super splitting was 1 March 2009.