Legislative Changes - Couple Relationships

The New Rudd Government has commenced making its mark on superannuation.  The Government has introduced draft legislation which will implement its same-sex relationship policy.  The draft legislation, once enacted, will for superannuation and other entitlement purposes introduce the concept of “couple relationship”.

A “couple relationship” is a relationship (other than marriage) of 2 persons who live with each other on a genuine domestic basis.

For superannuation and other employment entitlement purposes, two persons in a couple relationship will be treated as if they are spouses of each other.  Consequently, same sex couples will be eligible to receive super benefits on the same basis of different sex couples and they will be treated as dependants of each other without having to prove financial dependency or an interdependency relationship.

As a couple relationship is a not a registered relationship (such as marriage) the commencement, continuance and termination of such a relationship will be matters of fact and evidence rather than, in the case of marriage, an official piece of paper – the marriage certificate or the decree of divorce.