Family Law – De Facto Relationships Legal Terms

If you are in an established de facto relationship and considering formalising the arrangement with a legal document, Taylor & Scott Lawyers can assist. Qualified legal experts will help you define de facto relationship legal terms, and guide you through the steps involved for presentation of a binding ‘de facto agreement’ that satisfies everyone’s needs. On the other hand, if your de facto relationship has soured, and your require negotiation expertise to protect your interests, Taylor & Scott is on your side.

What is the legal definition of a de facto relationship?

De facto relationships include opposite-sex and same-sex relationships outside of marriage. The partnership generally includes shared domestic arrangements, commitment to the family unit, and a sexual relationship. De facto relationships are treated the same as marriage in Australia, although there are different approaches between the states, the commonwealth, and government departments.

De facto relationships are acknowledged after two years, or sooner with a binding agreement, with your status and rights proven by evidence that includes:

  • Proof of the relationship duration
  • The degree of financial interdependence
  • Arrangements made for financial support
  • Arrangements for the care and support of children
  • Ownership, acquisition and use of shared property
  • Public and private aspects of the relationship

De Facto Relationships

What is the legal difference between marriage and a de facto relationship?

NSW Family Law protects the rights of adults and children involved in married and de facto relationships. Rights and obligations are overseen by the government, including the right to negotiate property settlement, child support and spousal maintenance if you separate or divorce. Although there are no major legal differences between marriage and a de facto relationships, differences do exist that are worth understanding.

  • Marriage is verified with a marriage ceremony and a certificate.
  • De facto relationships are verified with at least two years of proof.
  • Marriage is recognised worldwide.
  • De facto relationships aren’t legally recognised in many countries.
  • De facto relationship status can be expedited for children’s welfare and migration law.
  • For Centrelink purposes, a de facto relationship commences when two people commence living together.

What legal rights are de facto couples entitled to?

De facto couples and their children are an established feature of modern Australian society. By providing de facto couples with legal status, the relationship can develop with a solid foundation, allowing everyone involved to feel protected and supported along the way. In almost every case, it’s a wise investment in legal expertise to negotiate binding agreements with your partner that protect individual interests.

De facto couples are entitled to child support, spousal maintenance and property settlement if the relationship ends, allowing all concerned to make the transition with minimal disruption. If you have reached a deadlock in communications with your ex-partner, and you require action to protect your interests or those of your children, Taylor & Scott Family Law professionals will shine a light on your situation and provide valuable advice moving forward.

What am I legally entitled to if my de facto relationship ends?

If your de facto relationship ends you are entitled to a fair settlement, a transitional strategy, and suitable arrangements for housing, health and children’s issues. If you don’t have a separation agreement in place, Taylor & Scott Lawyers can assist with negotiations and even represent you in court if required. Here are some typical scenarios.

  • You have reached an agreement with your former partner for division of assets, without need for court involvement in the settlement.
  • You agree on the settlement arrangements but wish to formalise the agreement with a Family Court Consent Order.
  • An agreement cannot be reached, resulting in an application to court for financial orders and other orders for division of property, spousal payments/maintenance and child support.

Taylor & Scott Family Lawyers will help you draft an agreement, or represent you in negotiations if required. Our service include complete and impartial appraisal of:

  • Assets and debts
  • Direct financial contributions to the de facto relationship
  • Gifts, inheritances and indirect financial contributions
  • Non-financial contributions including care for children and homemaking
  • Future requirements for children, education, aged care and medical support

Whether yours is a de facto relationship or marriage, your interests are protected. If you require support, guidance, and a powerful legal team on your side, contact Taylor & Scott Lawyers today.

At Taylor & Scott, We Care For You.