De facto relationships
Am I in a de-facto relationship?
Section 4AA of the Family Law Act 1975 details the meaning of de-facto relationships as persons who:
- are not legally married to one another;
- are not related by family; and
- have a “relationship as a couple, living together on a genuine domestic basis”
What might a court consider?
Determining whether you are in a de-facto relationship can be complex at times. If there are any questions as to whether you are in a de-facto relationship, a Court will consider the following elements:
- the overall length of your relationship (noting that there is a 2-year minimum period);
- whether the parties share any joint property together or if they have a mutual residence;
- whether an intimate relationship exists;
- the level of financial independence the parties may have or whether there is clear intermingling of finances;
- the care and support of any children; and
- overall mutual commitment to a shared life, which can include things like attending family and friend events together and observations from family and friends who are able to attest to the relationship.
Once a de-facto relationship has been established, parties have the opportunity to enter into property negotiations in the same way parties would if they were married. The Family Law Act 1975 treats de-facto relationships in the same manner as marriages; however, there is a minimum period that must be established in order to be de-facto.
For more information on determining whether you are in a de-facto relationship or to commence property or parenting negotiations arising from your separation, please contact our office at 03 9486 1661 to arrange an appointment with one of our experienced family lawyers, or make a direct consultation booking here.
How can Northcote Lawyers help?
Having to deal with the emotional side of separation and divorce is already challenging. Northcote Lawyers is committed to making the practical and legal side of the process easier for you. Engaging experienced lawyers means you can be rest assured that all legal procedures are adhered to, and your application is completed seamlessly.
If you require assistance making a Divorce application or are unsure whether you are eligible for divorce, please contact us on 03 9486 1661 to bspeak with one of our expert family lawyers and book in a free 30-minute consultation to discuss your matter.
Alternatively, you may directly book in a consultation here.
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