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.
To initiate a property settlement after the breakdown in a de facto relationship, time limits apply. An application must be filed within 2 years of the breakdown in the relationship.
Applications can be filed after 2 years in certain circumstances.
If your de facto relationship has broken down we suggest that you book in and talk to one of our experts.
If you have any questions, or if you would like to make an appointment, please:-