What do you need to know about De Facto Relationships?

Under the Family Law Act, a person is in a de facto relationship with another person if:

• the persons are not legally married to each other; and
• the persons are not related by family; and
• having regard to all the circumstances of their relationship, they have a relationship as a couple who are living together on a “genuine domestic basis”

How does being in a De Facto Relationship affect my legal rights?

For the purposes of Australian law, a “spouse” usually includes a person with whom you are a in a de facto relationship. This means that you have the same rights and responsibilities in relation to the relationship that you would if you were married.

For example, if the relationship ends, your obligations to your ex-partner will be the same as if it were the end of a marriage in terms of property sharing and childcare. Being in a de facto relationship also affects your obligations and entitlement to many types of social welfare, benefits, and taxation, so make sure you understand your legal status.

Can I get a property settlement if I was in a De Facto Relationship?

Yes, a property settlement can be achieved between parties in a broken-down de facto relationship. However, for this to occur, at least one of the following requirements must be met:

• The relationship lasted for a continuous period, or an aggregate period, of at least two years; or
• There is a child of the de facto relationship; or
• The relationship has been registered under the law of a State or Territory; or
• One party has made substantial contributions to the property or to the welfare of the family, and a failure to obtain a property settlement would result in a serious injustice.

In addition to the general requirements above, a de facto property settlement also requires at least one of the following to be met:

• The parties were ordinarily resident in New South Wales, the Northern Territory, Queensland, South Australia, ACT, Tasmania, or Victoria; or
• At least one of the parties was a resident in any of the above States or Territory regions when the property settlement was finalised, and either:
  • The parties were ordinarily resident in any of the above regions for at least one third of their relationship; or
  • One party has made substantial contributions to the property or to the welfare of the family, and a failure to obtain a property settlement would result in a serious injustice.

It is recommended that you consult a lawyer before you separate so that you know your options early on and that you do not do anything that may jeopardise your family law proceedings in the future. Straits Lawyers are now offering online services in both English and Chinese.

Simply purchase our online services via this link: https://straits-lawyers.square.site/product/binding-financial-agreement-consultation-bfa-/5?cs=true

Alternatively, you can email us at info@straitslawyers.com or call at 08 8410 9069 to find out more.

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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.