Just like married couples, individuals in de facto relationships have legal rights and responsibilities under Australian law. This includes considerations regarding property division, child support, and other family law matters.
A de facto relationship exists if you are in a relationship with another person but are not legally married to each other, you are not related as family and you have a genuine domestic couple relationship. The Family Law Act 1975 makes provisions for de facto relationships.
If you are considered to be in a de facto relationship, you have responsibilities and rights similar to those of a married couple.
Considerations in deciding if a de-facto relationship exists:
Of particular importance is that you have similar rights and responsibilities during the following events:
The following may apply to you:
The Family Law Act 1975 sets out the principles for determining financial disputes after the breakdown of a de-facto relationship.
These principles involve:
Similarly to property settlements of married couples, a de-facto relationship property settlement will be based on individual circumstances of the relationship.
There is a time limit of 2 years to make a property application after the breakdown of a relationship.
Section 72 of the Family Law Act 1975 provides for maintenance for married and de-facto relationships. Spousal maintenance is only appropriate when one party is unable to work due to lost earning capacity, or when a party is unable to work because they are the primary carer of a child.
Generally, there are three considerations:
The maintenance can be specific to a certain time period and can be varied by the court if circumstances change.
The Family Law Act 1975 provides for arrangements of children in a de facto relationship upon separation—the Family Court and the Federal Circuit Court deal with these matters.
Suppose an agreement regarding the children’s care cannot be reached. In that case, the parties must, as in the case of married couples, participate in family dispute resolution before initiating an application with the court. There is an exception in circumstances of family violence or very urgent applications.
Navigating your rights and responsibilities in an Australian de facto relationship? Foye Legal, serving the Illawarra, South Coast, and Sydney, provides expert guidance on property, children, and more. Understand your position – contact us today.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
A de facto relationship is a domestic relationship between two people who are not legally married but live together as a couple. It is legally recognised in Australia.
While de facto relationships have many legal rights and responsibilities similar to marriage, they are not governed by the same legal framework.
Proving a de facto relationship can be complex. Factors considered include the length of the relationship, the nature and extent of the couple’s commitment to each other, whether they shared a common household, and whether they had children together.
If a de facto relationship ends, the division of property is determined by the Family Law Act 1975. The court will consider factors like the financial and non-financial contributions of each party to the relationship and their future needs.
Yes, if you are in a de facto relationship and you have children together, you may have rights to child support. The Child Support (Assessment) Act 1989 applies to both married and de facto couples.
Send us your enquiry here or give us a call on 1800 996 994
"*" indicates required fields
3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
Keep up to date with the latest insights and news from Foye Legal
