There has been a dramatic change in the law relating to De Facto relationships in relation to property matters since 1 March 2009. Since that date, jurisdiction falls within the Federal Family Courts who will apply the law, as amended, under the Family Law Act (Cth).
The new laws provide for de facto couples, when they separate, to obtain property settlements on the principles that currently apply under the Family Law Act 1975 to married couples.
This is a change from the laws that applied to de facto relationships which differed depending on the particular State or Territory law that applied.
The new laws enable courts to order a division of any property that the couple own, either separately or together with each other. Superannuation that each partner has is also able to be split (married couples have been able to split superannuation since 2002). Orders for spouse maintenance are now also possible. I.e.: The Courts can now look to the future needs of de facto couples.
Courts will be able to make these orders if satisfied of one of the following:
- the period (or the total of the periods) of the de facto relationship is at least 2 years
- there is a child of the de facto relationship
- one of the partners has made a substantial financial or non-financial contribution (including as a homemaker or parent) and serious injustice to that partner would result if the order was not made
- the de facto relationship has been registered in a State or Territory with laws for the registration of relationships.
A de facto relationship is one where 2 people, not married, are living together in a genuine domestic basis. They can be opposite or same sex.
What constitutes a de facto relationship involves considering all the circumstances including:
- the duration of the relationship
- the nature and extent of their common residence
- whether a sexual relationship exists
- the degree of financial dependence or interdependence, and any arrangements for financial support, between them
- the ownership, use and acquisition of their property
- their degree of mutual commitment to a shared life
- whether the relationship has been registered, in a State or Territory with laws for the registration of relationships
- the care and support of children, and
- the reputation and public aspects of their relationship.
The new law applies to relationships which have broken down since 1 March 2009.
Current State laws apply to relationships which have broken down prior to that date.
An application under the new law must be made within 2 years of the separation. A court may extend that time in limited circumstances.
Key Contacts:
At Taylor and Scott Lawyers, we care for you. Contact At Taylor and Scott Lawyers, we care for you. Contact Family Law Accredited Specialist, Rescina Hekimian or Family Lawyer, Amanda Hynes on 1800 600 664 or email us by filling the contact box on the right of this page.