De Facto Relationships
Defacto relationships are a part of the Family Law Act 1975 in Australia determined by several factors or circumstances relating to you and your spouse.
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Am I in a De Facto Relationship?
You are considered to be a part of a Defacto relationship if:
- You and your spouse are not married
- You are not family-related, and
- You are a genuine couple living together on an indefinite basis
De Facto Relationship Entitlements and the Family Law Act
De Facto Separation Proceedings
In determining legitimacy of your relationship prior to moving ahead with Defacto separation proceedings, the court may wish to evaluate some or all of the following:
When you and your partner commenced the relationship
The nature of the living situation
The capacity to financially and emotionally support each other
Whether or not you appear to be a continuing genuine couple
If there is a sexual relationship
The reputational aspects of the relationship
Whether other sexual/non-sexual partners or relationships exist
Property ownership and how it is utilised within the relationship
Whether your relationship is legally registered under state legislation in Australia
If there are dependent children involved
Although Defacto relationships are not commenced officially through a formality, the status still applies to you and your partner when the abovementioned conditions are met. A court may also consider this criteria and nature in which they apply to support aspects such as Defacto property settlement, child custody and other legal parental and separation matters.
Things to know
De Facto Property Settlement
There are three general methods to manage Defacto property settlement matters, these being a court hearing, financial agreements or through consent orders.
We can assist you whether there is a dispute over assets or a whether a simple negotiation or mediation process is required. We understand everybody’s situation is different ensuring we personalise advice and pathways as much as possible.
Children in De Facto Relationships
The Family Law Act covers Defacto couples who have dependent children together which are taken to the Federal Magistrates Court and The Family court. In this case, the court will consider the children to be the responsibility of both parents including all parental duties, irrespectively of separation matters or new partnerships.
What you can expect from us
Quality legal advice without the hefty fees
We’re a smaller family law firm with the expertise of a large one meaning you receive the same quality legal advice without the hefty fees, commissions and hourly rates.
People helping people
At Minors Family Law, we’re essentially people helping people. When we commit to you as a client, we’re right by your side until your case is finalised and we achieve a result.
Professional, personalised approach
Our professionals pride themselves on working in their client’s best interests whilst evaluating and advising them with a more personal and individualistic approach.
We’ll be working with you to achieve a mutual goal providing you with full transparency and understanding every step of the way – we’ll never ask you to follow through with suggestions that you aren’t 100% comfortable with.
We like to discuss issues with our clients with an upfront and succinct approach while establishing a plan of resolution.
High Success Rate
We boast a particularly high success rate when it comes to dispute resolution seeing clients in a much more improved position than they were prior to our services.
Speak to a De Facto Relationship Lawyer
Arrange a complimentary 15-minute discovery call and take control of your situation today
At Minors Family Law, we consider your goals to be ours. We are focussed on delivering compassionate legal services as dedicated professionals providing expert advice towards a better future. Schedule in your initial consultation today and let us start assisting you.