De Facto Relationships
If your De Facto relationship broke down after March 2009, then your rights to access the Family Law Act for a property settlement are almost identical to your married counterparts.
Whether your children are the result of a de facto relationship, marriage, or no relationship at all, your rights are equal.
Often the biggest hurdle for parties wanting to make a property claim; is to prove that there was a de facto relationship. Generally the Court will consider a range of factors in deciding whether parties were in a de facto relationship, including:
- They must not be married to one another, or related to one another;
- Must have a relationship as a couple, living together on a genuine domestic basis;
- The duration of the relationship;
- The nature and extent of their common residence;
- Whether a sexual relationship exists;
- Financial interdependence, or financial support;
- Mutual commitment to a shared life;
- Ownership and acquisition of property
- Registration of relationship;
- Birth or care of child or children.
De facto relationships can occur between persons of same sex, or different sexes. A person can be in a de facto relationship despite being legally married to another person.
Generally speaking to qualify as being in a de facto relationship, parties must either live together for a period of two years. The time will be shortened, in cases where a child has been conceived or born, or there has been significant financial contributions, or acquisitions.
If you have any questions, or if you would like to make an appointment, please:-