The definition of a spousal relationship has changed in Family Law, to reflect the changes in society. This means that as a de facto couple, both same-sex and heterosexual, you are protected in matters related to property, finances, maintenance and parental rights.
The de facto relationship is defined by the Family Law Act as two people, same or opposite sex, having a relationship as a couple living together in a domestic situation.
To make a financial or property claim from the breakdown of a de facto relationship, some criteria must be met:
- relationship length of at least 2 years
- there is a child of the relationship
- the relationship was registered under a prescribed law of a State or Territory
- significant contributions were made by one party and an injustice would occur if there was no claim.
Given that there is more complexity with a de facto relationship than a legally married couple under the Family Law Act, as your Separation Lawyer, we would advice that you look into seeking legal advice when the relationship breaks down to ensure you are protected and receive what you are entitled to.
As your separation lawyer, we recommend that if you are in a de facto relationship, you seek advice to understand the legal implications of the arrangement if there is a relationship breakdown.
How long before a relationship is considered de facto?
Two years is generally the minimum period for a couple who lives together to be considered a de facto relationship.
Does a de facto relationship require a separation lawyer?
A de facto relationship is defined in Section 4AA of the Family Law Act 1975.
The law requires that you and your former partner, who may be of the same or opposite sex, had a relationship as a couple living together on a genuine domestic basis.
Does a de facto relationship require a separation lawyer?
De facto couples have the same social security rights as married couples. That means if you separate from your de facto partner and you have a dependent child, you could qualify for assistance. You may also qualify for a benefit if you have dependent children and your partner dies.
I was living with my partner for a few years is this de facto?
The definition of a de facto relationship is outlined in the Family Law Act. The law requires that two people, who may be of the same or opposite sex, have a relationship as a couple living together on a genuine domestic basis. The main criteria are as follows:
- That one period of the de facto relationship was at least 2 years;
- That there is a child of the de facto relationship;
- That the relationship is or was registered under a prescribed law of a State or Territory;
- That significant contributions were made or being made by one party and the failure to make an order would result in a serious injustice.
Are de-facto relationships treated in a similar way as married couples?
Yes they are. For any relationship that ended after March 2009, and which meets at least one of the four criteria for de facto relationships, parties are able to commence proceedings in the Federal Circuit and Family Court of Australia. The courts will then deal with the matter in a very similar way they would deal with a married couple commencing proceedings.
Is there a time limit on a de facto claim?
Yes, there is. To make a claim post separation under de facto status, applicants have a two (2) year period from date of the relationship breakdown in which to start court proceedings.
If the time limit has passed, an application for property settlement or spousal maintenance can only be made with consent of the parties or with leave (permission) from the court.
The court may grant a party leave to apply after the end of the normal application period if the court is satisfied that hardship would be caused to the party or a child if leave were not granted or in the case of an application for spousal maintenance at the end of the normal application period, the party’s circumstances were such that he or she would have been unable to support him or herself without an income tested pension allowance or benefit.
Leave however cannot be guaranteed.
