Family Law – De Facto Relationships

Robert Wood and Associates are Melbourne family lawyers specialising in legal matters surrounding de facto relationships.

As of 2009, Under the Family Law Act, de facto couples have the same entitlement with respect to property settlement, superannuation splitting, parenting matters and spouse maintenance as married couples in all states except WA.

What Is a De Facto Relationship?

A person is considered to legally be in a de facto relationship with another person if:

  • The persons are not legally married to each other; and
  • The persons are not related by family; and
  • They have a relationship as a couple living together on a genuine domestic basis.

Usually, you will need to demonstrate that you have lived together for at least two years. This may be overlooked if there is a child of the relationship, or if there are other exceptional circumstances.

A de facto relationship can exist between two persons of the same or different sexes. It can exist even if one of the persons is legally married to someone else. People who are involved in a relationship and live together without being married are in a de facto relationship, whether or not assets are shared.

When assessing the existence of a de facto relationship the court will look at:

  • The length of the relationship
  • The nature and extent of their common residence
  • Whether property is owned together
  • The degree of mutual commitment to a shared life
  • Whether there are shared finances
  • Whether a sexual relationship exists
  • The shared care and support of children
  • Whether the relationship is registered under any State or Territory law
  • How the relationship is presented in public

Property Law and Property Settlement Information for De Facto Relationships

Before turning to alternative dispute resolution or court, partners should attempt to reach an agreement. To ensure a fair outcome, a Melbourne de facto lawyer should be consulted. It’s important to note that partners of a de facto relationship have two years from the date of separation to file proceedings in the Family Court regarding the breakup of their de facto relationship. If you want to make an application to the court outside of this timeframe you must seek the permission of the court to do so and there is no guarantee that permission will be granted.

Looking for a Melbourne De Facto Solicitor?

If you are having problems in your de facto relationship or if you are going through a de facto relationship break down, Robert Wood and Associates’ dedicated de facto family law solicitors can assist you with any assistance or advice you may need. Located in Boronia, Melbourne, our expert de facto lawyers specialise in helping couples in the south eastern suburbs including Ringwood, Vermont and Scoresby. Contact us today on (03) 9762 3877 to speak with us or make an appointment.

We can help you with a diverse range of legal solutions

Dedicated to providing fully tailored and compassionate advice and services, our friendly team of legal experts offer you expertise across many aspects of law including:

Your Choice for Melbourne Solicitors

If you need professional, high quality legal advice from a law firm that puts your interests first, then Robert Wood and Associates is the right choice for you.