Your Rights in a De Facto Relationship

What is a De Facto Relationship?

According to the Family Law Act 1975, a de facto relationship exists when two parties have been living together on a genuine domestic basis. A relationship is not a de facto relationship if, however, any of the parties is legally married to one another or if they are related by family.

 Binding Financial Agreement

For individuals considering entering a serious de facto relationship, it is important to understand the implications of such an arrangement. It may be worthwhile to discuss any financial or relevant issues with your partner.

We would also highly recommend for you to consider arranging a formal Binding Financial Agreement (commonly known as a ‘pre-nup’). This will safeguard your assets in the event that the relationship breakdowns, and you will need to organise the assets accordingly. Our team can assist you in deciding whether a pre-nup is right for you and can help you prepare the documentation.

Property Settlement and Maintenance after the Relationship has broken down

In order to make a claim for property settlement or maintenance to be made with respect to a de facto relationship, the court considers the following: -

1. That the period of the de facto relationship is at least 2 years;
2. That there is a child of the de facto relationship;
3. That the relationship is or was registered under a prescribed law of a State or Territory.
4. That significant contributions were being made by one party and the failure to make an order would result in a serious injustice.

In the event that your de facto relationship breaks down, it is imperative that you understand your entitlements from the relationship.

Please do not hesitate to contact us to discuss your rights on 02 8917 8700 or fill out the enquiry box, and we will get back to you ASAP.