The Family Court determine the presence of a de facto relationship in accordance to 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. However, your relationship is not a de facto relationship if you were legally married to one another or if you are related by family.”[1]
If there is a break down in a de facto relationship, each party of the relationship has the same rights and obligations as divorced couples, in relation to the division of property and parenting issues.
How does the court determine a de facto relationship?
The court will determine the legitimacy of a de facto relationship through whether the couple were living in a genuine, domestic relationship, the Court takes into account several matters, such as:
Within two years of the breakdown of a de facto relationship you can apply for a financial order, however after two years has lapsed you will need the Court’s permission to apply.
The Family Court Of Australia states that “Before the Court can determine your financial dispute, you must satisfy the Court of all of the following:
You should obtain legal advice about whether your circumstances satisfy the criteria before filing an application.”[2]
Note: This is general information advice only and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters, please contact us on 03 9620 0088 or email info@resolveconflict.com.au
[1] Family Law Matters 2016, ‘De facto Relationships’, Family Court Of Australia, viewed 24 April 2018, http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/separation-and-divorce/defacto-relationships/
[2] Family Law Matters 2016, ‘De facto Relationships’, Family Court Of Australia, viewed 24 April 2018, http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/separation-and-divorce/defacto-relationships/