Under the Family Law Act 1975, couples that have been living together for more than two years or have children from the relationship are afforded the rights of a de facto couple. For couples that have been together for a period of less than two years, the court will consider a range of different factors to determine whether a de facto relationship exists, including:
Shared assets (house/mortgage)
The couple have children together
There was a sexual relationship
The parties have shared finances
The social aspects of the relationship
The relationship is registered under a prescribed law of a State or Territory
The couple have lived together for a significant portion of their relationship on a “genuine domestic basis”
In cases where the couple have been together for a period of less than two years, the court will consider a number of different factors and make a case-by-case assessment to determine whether or not the criteria for a de facto relationship has been met.
Your Rights in A De Facto Relationship
Under Australian law, De facto couples enjoy the same rights and securities as a married couple when it comes to the division of assets and shared responsibilities. If the criteria are met and the court determines that a genuine de facto relationship exists, a Family Court can make orders with respect to:
Each case is unique, so it’s important to understand where you stand and your entitlements in a de facto relationship. Our de facto relationship lawyers can help you to understand your rights and responsibilities.
De Facto Relationship Lawyers Sydney
Chris was originally admitted as a solicitor in England & Wales and worked in London for an award winning and highly regarded firm established in 1881.
Tass is a specialist employment lawyer with over 30 years experience. He has been a solicitor, a barrister and an industrial advocate.
Rebecca Campbell
Rebecca is a Senior Lawyer practicing in commercial and civil litigation.
In their words
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