De Facto Relationship Lawyers North Sydney
If you are in a de facto relationship, whether long term or short term, you have similar rights to a married couple.
More of us are choosing to enter into or stay in long-term relationships without getting married. In recent years, Australia has broadened the meaning of de facto relationships significantly, including recognising same-sex couples as de facto couples in property settlements.
De facto couples are now treated in the same way as married couples.
Since 1 March 2009 de facto couples are now treated in the same way as married couples for the purposes of a division of their property after a separation and their matters are now heard in the Family Court and Federal Circuit Court.
- You are in a de facto relationship if:
- You and your partner are not married;
- You are not family-related; and
- You are a genuine couple, living together on an indefinite basis.
What does this mean for you if you are contemplating either entering into a de facto relationship or are looking to separate after having been in a de facto relationship?
Well, there can be a more intense focus on the relationship itself where your partner may deny the relationship existed or perhaps disputes the length of the relationship.
Alternatively, you may have found yourself in a brief casual relationship with an ex-partner who is attempting to claim for a financial settlement. In determining the legitimacy of your relationship in order to finalise a property settlement, the court may wish to evaluate some or all of the following:
- When you and your partner commenced the relationship
- The nature of your 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
- Whether your relationship is legally registered under state legislation in Australia; and/or
- If there are dependent children involved.
We are here to help you if your de facto relationship breaks down. We have expertise in understanding how the Court’s “checklist” of relevant factors applies to your particular circumstances. To view all our family law services please browse this website.