DEFACTO RELATIONSHIPS
A de facto couple has the same rights as a married couple.
Pursuant to family law a de facto relationship exists between a couple that is not married or related and that has lived together on a genuine domestic basis. This couple may be of the same or opposite sex.
De facto relationships can exist between two people even if one of the parties is married or in a de facto relationship with another.
IS MY RELATIONSHIP A DE FACTO RELATIONSHIP?
To establish whether a genuine domestic relationship exists, the court may consider any and/or all of the following circumstances:
- The duration of the relationship
- The nature and extent that a common residence was shared
- Whether a sexual relationship existed
- The degree of financial dependence or interdependence, including any financial support which was provided from one partner to the other
- The ownership, use and acquisition of property (including real property, personal items, whitegoods, electronics, and motor vehicles)
- The degree of mutual commitment to a shared life
- If the relationship is or was registered as a prescribed kind of relationship (in Queensland, pursuant to the Relationships Act 2011 (Qld))
- The care and support of any children
- The reputation and public aspects of the relationship (in other words, what do you and your partner purport your relationship to be to the general public and to mutual friends)
Am I Entitled To A Property Settlement?
If a de facto relationship exists, a de facto party can seek a property adjustment and/or spousal maintenance orders provided that:
1. One of the following applies:
- The de facto relationship exists for at least 2 years
- There is a child of the de facto relationship and that child is a child from both of the de facto parties
- One or both of the parties to the de facto relationship made substantial contributions to the joint property pool such that it would be unjust not to make a property adjustment
- The relationship is or was registered as a prescribed kind of relationship (for example, in Queensland, pursuant to the Relationships Act 2011 (Queensland))
2. The de facto relationship has ended (meaning that the desire to end the relationship has been communicated from one partner to the other).
3. The time limit has not expired.
CONTACT US
Once the above conditions are satisfied, the court will consider entitlements.
If you are in a de facto relationship and would like to protect your entitlement moving forward, you might wish to enter into a binding financial agreement(what might be more commonly known as a cohabitation agreement).
If you would like to schedule a free 30 minute initial telephone consultation with one of our Gold Coast or Sydney Family Lawyers, please call our office on 1300 749 709 or fill out out online enquiry form.
How Can I Prove My Relationship Is De Facto?
When proving a de facto relationship the court takes into account specific factors such as the duration of the relationship, shared residence, financial interdependence, property ownership, mutual commitment and public reputation of the relationship.
Can I Have a Binding Financial Agreement with my De Facto Partner?
Yes, you can put in place a binding financial agreement with your de facto partner. This agreement, sometimes referred to as a cohabitation agreement, outlines the division of assets and financial agreements in the event of a relationship breakdown. This legal document provides clarity and protects both parties in the relationship. We recommend seeking professional legal advice in regards to this.
How Can I Schedule a Consultation With a Family Lawyer
We offer a free 30-minute initial consultation with one of our experienced family lawyers located in the Gold Coast, Brisbane or Sydney. This consultation can can be conducted over the phone, Microsoft Teams, Zoom or in person at one of our offices.
Please do not hesitate to contact us today to schedule an appointment.
Client Focused Approach and Trust
Our utmost priority is building trust with you. From your initial consultation, you will experience a warm and non-judgmental environment where your concerns are heard and supported. We take the time to understand your specific circumstances, tailoring our services to meet your unique needs throughout the entire process of your matter.
