Property Interest: De Facto Relationship

A de facto relationship is a relationship in which a couple lives together on a genuine domestic basis. Couples who are same sex or opposite sex are included in the definition of de facto relationship under Australian law.
Under the Family Law Act 1957, all de facto couples have the same rights as married couples in relation to the distribution of property.

Alteration of Property Interests: Seven Considerations
Most de facto relationships end amicably. Sometimes, however there are dispute regarding the division of property.

Section 90SM(4) of the Family Law Act sets out seven considerations (s79(4)(a)-(g)) that a Court must take into account in considering what property orders might be appropriate for de facto relationships:

• Contributions to Property – The Court must take into account the parties’ respective contributions, or those of their children, to property, either presently or previously owned by the parties; financial or non-financial.

• Contributions to the Welfare of the Family – The Court accords due weight to the parties’ respective contributions as a homemaker or a parent independently of their financial utility.

• Effect of a Proposed Order on a Party’s Earning Capacity - The court will not make orders that affect a party’s capacity to earn income.

• Spousal Maintenance Considerations – This is considered for the purpose of ascertaining the parties’ current and future economic prospects. The Court’s assessment of these matters may in turn warrant an adjustment to its provisional assessment of the parties’ respective entitlements.

• Effect of Any Other Order – The Court must consider the effect of any other order under the Family Law Act affecting a party or a child of the marriage.

• Provision of Child Support – The Court must consider any child support liabilities, as well as any future child support liabilities.

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Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.