Family Law - de Facto Relationships
FAMILY LAW – DE FACTO RELATIONSHIPS
How is the relationship formed in Australia?
According to Section 4AA of the Family Law Act 1975, the meaning of a de facto relationship involves two people (homosexual or heterosexual) where:- the people are not or were not legally married to each other. the people are not related to each other; parent, child(including adopted children), sibling or descendant. the people have a relationship as a couple living together on a bona fide domestic basis.
De facto relationships are governed by the Property (Relationships) Legislation Amendment Act, 1999.
What is the legal procedure for the break-up of that relationship?
The de facto relationship does not need to be dissolved as it was not a legal marriage.
Legal procedures are required for the breakdown of de facto relationships. They must be the duration of a minimum of two years for the law to operate.
De facto relationships are state law so are therefore different in each state. In New South Wales, the main law that deals with the break-ups of a de facto relationship is the Property (Relationships) Act, 1984 (NSW).
Property Division As of 1st March 2009, broken down de facto relationships (including same sex) can apply – through the Family Court – for property settlement under the Family Law Amendment (De facto Matters and Other Measures) Act 2008. Broken down de facto relationships may apply if they are unable to come to an agreement about how their assets should be divided. The same principles are therefore applied by the Family Court as if they were a married couple. They must make a claim within two years after the date that the relationship broke down.
Family Court will consider a range of factors when dividing property. These include:
What each person owned before the relationship started.
Net value of assets. E.g. houses, shares, superannuation.
Direct contributions made by each person during the de facto relationship. E.g. wages, salary
How is the relationship formed in Australia?
According to Section 4AA of the Family Law Act 1975, the meaning of a de facto relationship involves two people (homosexual or heterosexual) where:- the people are not or were not legally married to each other. the people are not related to each other; parent, child(including adopted children), sibling or descendant. the people have a relationship as a couple living together on a bona fide domestic basis.
De facto relationships are governed by the Property (Relationships) Legislation Amendment Act, 1999.
What is the legal procedure for the break-up of that relationship?
The de facto relationship does not need to be dissolved as it was not a legal marriage.
Legal procedures are required for the breakdown of de facto relationships. They must be the duration of a minimum of two years for the law to operate.
De facto relationships are state law so are therefore different in each state. In New South Wales, the main law that deals with the break-ups of a de facto relationship is the Property (Relationships) Act, 1984 (NSW).
Property Division As of 1st March 2009, broken down de facto relationships (including same sex) can apply – through the Family Court – for property settlement under the Family Law Amendment (De facto Matters and Other Measures) Act 2008. Broken down de facto relationships may apply if they are unable to come to an agreement about how their assets should be divided. The same principles are therefore applied by the Family Court as if they were a married couple. They must make a claim within two years after the date that the relationship broke down.
Family Court will consider a range of factors when dividing property. These include:
What each person owned before the relationship started.
Net value of assets. E.g. houses, shares, superannuation.
Direct contributions made by each person during the de facto relationship. E.g. wages, salary