De Facto Couples

Couples that live together are treated as being in a “de facto” relationship. This is not quite the same as couples that are married, however, these couples now enjoy similar rights and responsibilities. If you and your partner have separated after 1 March 2009, then the law treats your relationship breakdown in a similar way as married couples. This applies for both heterosexual and same-sex de facto couples. Most couples need to make arrangements for both parenting and property issues. You only have two years after your date of separation to sort out the property between you and your former partner. Our expert family lawyers understand how difficult it can be to deal with the various issues that come with ending a relationship. Bateys Law Firm can guide you so that you understand what rights you have under the law and assist you with the relevant legal procedures. Contact us today.

What happens when a de facto relationship ends?

Often the first time a de facto couple will consider what rights they have is when the relationship has broken down. Generally, the parties will agree there was a de facto relationship but if this is disputed by either side then the courts will consider the characteristics of the relationship. This will include:

• The length of the relationship.
• Living arrangements.
• Whether there are joint assets.
• If there are any children from the relationship.
• The finances of the relationship.
• How the relationship is portrayed in public.

There are certain requirements that need to be met to qualify as a de facto relationship:

• The relationship has lasted for at least two years;
• There is a child from the relationship;
• The relationship was registered as a de facto relationship; and,
• One party has made considerable financial contributions to the relationship and it would be a serious injustice to not issue an order.

The courts must examine each case individually to determine its status.

What are you entitled to when a de facto relationship breaks down?

Often parties in a de facto relationship will not think that they have any entitlement to assets they have shared with their partner and are unsure of the responsibilities of the parties towards any children from the relationship. The reality though is that they have the same rights and responsibilities here as if the couple were married. Couples in a de facto relationship that are separating need to decide on issues relating to both parenting and property issues.

The parties in a de facto relationship are entitled to a share of the property they lived in via a de facto property settlement, which is generally done via the courts. There is a two-year time limit after the date of separation to finalise the property division between the parties. The settlement is supposed to allow a fair division of the property between the parties and the contributions of each party will be examined to determine this outcome, together with what assets each owned before the start of the relationship. How the court determines the division of property will depend on the relevant facts; it could be that assets are divided between them or that items are required to be sold and the money then divided.

As with any relationship, where there are children involved it is necessary for the couple to determine their care and custody after a separation. As with divorce, the courts encourage the parties to arrive at an amicable agreement between themselves. If this is not possible, the courts are able to become involved and decide on the relevant childcare arrangements. There is no time limit to this. This is a complicated area of law often requiring sensitive negotiations and so ensuring you are represented by expert family lawyers is essential.

Get in touch with our friendly de facto lawyers in Revesby, NSW today

At Bateys Law Firm, our expert family law solicitors can provide you with professional legal assistance in relation to your separation. We offer first-class separation advice to our clients, supporting you through every difficult decision.  We will explain everything in a jargon-free way and ensure that we assist you with all legal aspects surrounding your case to get you the desired outcome.

If you would like to instruct a qualified and reputable family law firm, contact Bateys today and see how we can help. Call us on 02 4708 9507 or complete our online contact form.