In today’s world many couples choose not to marry, some do not like the idea of marriage, while others would simply prefer to avoid the stress and expense of a wedding.
The Australian Family Law Act 1975 recognises this social shift by ensuring that separating de facto couples come under the auspices of the law in much the same way as married couples.
At Empower Family Law and Mediation we can help you to protect your assets and make sensible arrangements for your children if your de facto relationship ends.
If parties are unable to agree by negotiation or attending a mediation, the Federal Circuit and Family Court of Australia can make decisions about the division of the property held between de facto spouses and decide the parenting arrangements for children of de facto relationships.
To make an order for property and maintenance issues on behalf of a de facto couple, the court must be satisfied that:
- the couple were in a de facto relationship for at least two years; or
- there is a child of the relationship; or
- the relationship was registered under a prescribed law of a State or Territory;
- one party made significant contributions to the relationship, and without orders providing for the division of property, there will be serious injustice.
In deciding whether a de facto relationship existed, the court will consider:
- how long the relationship lasted
- whether the parties lived together and how long for
- if there was a sexual relationship
- if the parties were financially dependent on each other, and any arrangements for financial support that existed
- how any property was owned and used
- if there was a commitment to a shared life together
- whether there were children, and how they were cared for
- how other people saw your relationship.
Legally, you could be considered to be in a de facto relationship even though one or both or you are still married to another person, one or both of you are in another de facto relationship, or if you do not live together. Neither shared residences nor monogamy are definitive proof of the existence or non-existence of a de facto relationship.
If a party meets the definition of a de facto couple, and cannot agree about arrangements for their property or maintenance, the Federal Circuit and Family Court of Australia will deal with the matter in a very similar way to the ay it would a married couple. Please refer to our Property Division page for more information.
It is vital that if an agreement about property division cannot be reached, a party to a de facto relationship files an application with the Federal Circuit and Family Court of Australia within 2 years of the date of separation to avoid the stress and expense of having to bring an application out of time.
At Empower Family Law and Mediation we have the experience and wisdom to assist you to ensure you receive your full entitlements following the breakdown of a de facto relationship. We will offer a comprehensive assessment of your situation and your options, and we will be upfront about our costs.
From your very first conference with us you will know where you stand, what your options are and what to expect.
That is why your first 30-minute consultation with us is FREE.