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.
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
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.
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.
Minors Family Law will discuss each option with you in which we’ll provide our best legal advice based on years of experience in successfully handling Defacto relationship cases.
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.
Contact Jacqueline today with any questions regarding Defacto relationships or to assess how the Family Law Act potentially applies to you.