De-facto Relationships

On 1 March 2009 new Commonwealth laws commenced for people in de-facto (or "domestic") relationships.

The new laws give de-facto couples who are separating the same rights as married couples and enable them to bring property and spousal maintenance actions under the Family Law Act 1975.  The new laws enable the Family Law Courts to order a division of any property that the couple own, either separately or together with each other. This includes superannuation which can be split between the couple.

A de-facto relationship is a relationship that two people who are not married or related by family have as a couple living together on a ‘genuine domestic basis’. It can exist between two people of the opposite sex, or between two people of the same sex.

Maddens Lawyers will help you to determine whether your relationship is recognised in law by considering the circumstances of the relationship. These include: the duration of the relationship, the nature and extent of the common residence, whether a sexual relationship exists, the degree of financial dependence or interdependence and any arrangements for financial support, the ownership, use and acquisition of  property, the degree of mutual commitment to a shared life, whether the relationship has been registered in a State or Territory with laws for the registration of relationships, the care and support of children, and the reputation and public aspects of their relationship.

Once we have established that your relationship is recognised in law, Maddens Lawyers will assist you to determine the overall value of the property pool available for division. We will then assist you to work out a fair and equitable split and adjust the division to reflect the parties future needs.

Parties to a de-facto relationship must apply to one of the Family Law Courts within 2 years of the end of their relationship. In limited circumstances, the court may grant leave to make an application after the end of that period.

Maddens Lawyers can also assist you to register your de-facto relationship which creates important legal rights and obligations for yourself and your partner in such areas as superannuation, medical care and property ownership.

 

How can we help you?

Freecall 1800 815 228