De facto Relationships - Family Court of Australia
Find out whether you are in a de facto relationship or not. So if you are from NSW, QLD, SA, NT, ACT, Tasmania or Victoria, this definition will apply to you. A de facto relationship is defined in Section 4AA of the Family Law Act The law requires that you and your former partner, who may be of the same or. Information about how to register a domestic relationship in Victoria.
Marriage & de facto | Victorian Government
A registered relationship or civil union may also create rights for property division, even though you may not have lived together for two years. Breakdown of a de facto relationship Most de facto relationships end amicably.
Sometimes, however there are dispute regarding the division of property or children. Upon the breakdown of a de facto relationship, there are three ways to sort out how to divide property: By agreement without court involvement; Through an agreement formalised by the court through an application for Consent Orders ; or By applying to the court for orders.
The courts can make an order for the division of any property that you own together or separately. It does not matter whether the property was owned jointly or individually. When determining a property settlement, the court evaluates the types of contributions — financial and non-financial — made by either person, as well as their future needs. This means your family law matters will be determined in the same manner as for a married couple getting divorced.
Before you can make an application to the courts you need to ensure that you meet the definition of de facto. There is no set rule of time for this. However, you will usually need to demonstrate you have lived together for at least two years.
There are exceptions to this rule — for example if you have a child from your relationship.
Australian law does not discriminate between homosexual or heterosexual relationships. This means a de facto relationship can exist between 2 people of the opposite sex, or between 2 people of the same sex.
What’s The Definition Of A De Facto Relationship In Australia?
For the reasons above, this may not apply in Western Australia. However if you are unclear on whether you fall within the de facto relationship definition and want to register as proof of existence, you certainly can.
Your Rights And Entitlements If you are in a de facto relationship — you have similar legal rights and responsibilities to those of married couples. Our agreements have been prepared by experienced lawyers with backgrounds in top-tier law firms, who have been admitted to both the High Court of Australia and the Supreme Court of Victoria.
For more information about our templates, please click here.