In Australia, de facto relationships have become increasingly common in recent years. A de facto relationship is a relationship between two people who live together as a couple on a genuine domestic basis but who are not legally married or related. Under Australian law, de facto relationships are recognized and governed by the Family Law Act 1975. This act provides legal protection to couples in de facto relationships, including financial and property settlements in the event of a relationship breakdown. This article will explore the definition of a de facto relationship under Australian Family Law and the criteria that must be met to apply for financial and property orders. It will also examine the factors that are considered when making such orders, and the importance of seeking legal advice if you are in a de facto relationship or seeking to apply for financial and property orders.
What is a De Facto Relationship?
A de facto relationship is a form of intimate relationship between two people who are not married or related, but who are living together on a genuine domestic basis. Although the definition of a de facto relationship may vary depending on the jurisdiction, Section 4AA of the Family Law Act 1975 defines the term in the Australian Family Law context. The definition includes several criteria that help to determine the existence of such a relationship, including factors like the duration of the cohabitation, the nature of the relationship, and the shared commitment of the parties.
What Relationships include ‘De Facto Relationships”?
In Australia, the term “de facto relationship” applies to a wide range of relationships between two people who are not married but are living together in a genuine domestic partnership. This includes same-sex relationships, which were recognized as de facto relationships under the law in 2009. The legal recognition of de facto relationships means that couples who are in a long-term, committed relationship but who are not married have certain legal rights and obligations towards each other, particularly in the areas of property and financial matters.
Legal Consequences of a De Facto Relationship
The main legal consequence of being in a de facto relationship is that if the relationship breaks down, the parties may apply to the Federal Circuit and Family Court of Australia for financial and property matters to be determined. These include claims for maintenance, property division, and superannuation. However, in order to apply for these orders, the parties must first establish that they were in a genuine de facto relationship and that the relationship has broken down.
Determining if a De Facto Relationship Exists
To determine whether a de facto relationship exists, the Court will consider a range of factors that reflect the nature and quality of the relationship. These factors may include the duration of the relationship, whether the parties lived together, the nature and extent of the parties’ sexual relationship, the degree of financial dependence or interdependence, the ownership of property, and the existence of children. The Court will also take into account the way in which the parties presented themselves to the public, as well as the degree of mutual commitment.
Length of Time
One of the key criteria that must be met in order to apply for financial and property orders following the breakdown of a de facto relationship is that the parties must have been in a genuine de facto relationship for a certain period of time. In general, this period is at least two years. However, the Court may consider a shorter period if there is a child of the relationship, if the relationship is registered under a state or territory law, or if the Court is satisfied that serious injustice would result if the application were not allowed. The Court may also consider the length of the separation when determining whether a genuine de facto relationship existed.
Shared Living Arrangements
Another important factor in determining whether a de facto relationship exists is the nature of the parties’ shared living arrangements. This includes the degree of cohabitation, the extent of shared activities and social networks, and the level of domestic support provided to each other. The Court will also consider any financial arrangements between the parties, such as the sharing of expenses and the degree of financial interdependence.
Applying for Financial and Property Orders
When a de facto relationship breaks down, the parties may apply to the Court for financial and property orders. These orders may include the division of property and debts, as well as orders for spousal maintenance or child support. The Court may also make orders regarding superannuation entitlements.
Factors Considered in De Facto Property Settlements
In determining property and financial matters, the Court will take into account a range of factors, including the contributions made by each party during the relationship, the current and future needs of each party, and any other relevant factors. The contributions made by each party may include financial contributions, non-financial contributions such as homemaking and childcare, and contributions to the acquisition or improvement of property.
When considering the future needs of each party, the Court may consider the capacity of each party to earn an income, the age and health of each party, and any other relevant factors. The Court will also take into account any other factors that it considers pertinent to the particular case, such as the duration of the relationship, the parties’ standard of living, and the degree of hardship that may be caused by a particular order.
Time Limitations
If a party wishes to apply to the Court for financial and property orders following the breakdown of a de facto relationship, they must do so within two years of the end of the relationship. However, in some circumstances, the Court may allow an application to be made outside of this time limit. It is important to seek legal advice if you are in this situation to determine whether an application can be made.
Conclusion
In conclusion, de facto relationships have become increasingly common in Australia and are now legally recognized under the Family Law Act 1975. If a de facto relationship breaks down, the parties may apply to the Court for financial and property orders. To do so, they must demonstrate that they were in a genuine de facto relationship and that the relationship has broken down. The Court will consider a range of factors when determining whether a de facto relationship exists and when making financial and property orders. If you are in a de facto relationship or are seeking to apply for financial and property orders following the breakdown of such a relationship, and are looking for “Family Lawyers near me”, Seitz & Pepper Family Lawyers Melbourne are here to provide you with the best Family Lawyers. Our Melbourne Family Lawyers will provide you with the advice you need to enable you to understand your legal rights and obligations regarding your de facto relationship.
