Family Law De Facto Relationships

De facto relationships have become increasingly popular in modern society.  The law considers a person is in a de facto relationship when they live with another person who they are not married or related to and they have a relationship as a couple living together on a genuine domestic basis.  The Courts have to consider a variety of factors in order to determine if a de facto relationship exists, including:-

1. The duration of the relationship;
2. The nature and extent of how the couple live together;
3. Whether a sexual relationship exists;
4. The degree of financial dependence or interdependence, and any arrangements for financial support, between them;
5. The ownership, use and acquisition of their property;
6. The degree of mutual commitment to a shared life;
7. The care and support of any children; and
8. Whether other people consider there is a de facto relationship between the parties.

De facto partners are now able to access many of the rights that married couples possess.  De facto partners are able to:-

1. Make a claim for spousal maintenance if, for example, they care for a child under 18 years old or are unable to find employment by reason of age, physical or mental incapacity;
2. Apply for child maintenance through the Family Court or the Child Support Agency;
3. Obtain a property settlement with their ex-partner at the end of the relationship subject to certain conditions, including that the duration of the relationship must have been for two years or longer; and
4. Make financial agreements.

When deciding what is an appropriate division of property between former de facto partners, a Court must consider the following:

1. What contributions each made to the property pool;
2. Are there any children, and if so who cares for them?
3. Any future needs of the parties;
4. What superannuation each party possesses; and
5. The impact of any inheritances or gifts. 

De facto partners are able to make financial agreements either before, during or at the end of a relationship.  Agreements made during a relationship, known as cohabitation agreements, can cover issues such as who is responsible for certain expenses; set out who owns what property; who is responsible for debts and what division of property should be expected if the relationship ends.

De facto partners are also able to access the Courts to determine what happens to any children of the relationship.  The process and principles followed by the Court in de facto matters relating to children is exactly the same as that followed by the Courts when dealing with children of a marriage.

ReesLaw's team of family lawyers have a great deal of experience in dealing with all aspects of de facto relationships, from issues surrounding children to property and to financial agreements. 

De facto relationship breakdown is an area of law which is just as complicated as that of marriage breakdown.  You therefore need to be able to rely on an experienced family lawyer who can support and guide you through this difficult time.  Feel free to call ReesLaw to discuss your de facto family law issues with one of our lawyers today.