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Defacto Relationships

Defacto Relationships

Should you and your partner are living in a de facto relationship (this includes a same sex partnership) and separated on or after 1 March 2009, then issues concerning property settlement and maintenance are ruled by provisions of the Family Law Act.

This applies in Queensland and many states in Australia (except for Western Australia and South Australia) although this might change in the long term.

The meaning of a de facto relationship is the fact the persons are not by law married to each other and not linked by family. Having regard to all the circumstances of the relationship, they've a union like a couple living together on a genuine domestic basis.

The Family Law Act now includes same sex and opposite sex partnership conflicts with regards to maintenance and property settlement.

An application can be filed for property settlement by a de facto spouse against the other de facto partner if the parties have been living in a de facto relationship for a span in excess of 2 yrs and or whether there's a kid of the union and/or exactly where a party has made significant additions to the other one's residence.

Therefore, in the event you have been in a de facto relationship (same sex or opposite sex) and the union is more than two years or there's a child of the relationship, then the legislation of property settlement under the Family Law Act that apply for married couples may also apply to the de facto relationship breakdown.

In that regard, we direct you to Information Sheets on home settlement, Binding Financial Agreements/Pre-nuptial arrangements and spousal maintenance.

In a de facto relationship, it's crucial to keep in mind that that after separation divorce settlement, you will only have two years to apply to court for financial relief. Consequently, if you've got separated you ought to be mindful that you'll need to finalize the financial arrangements by filing a consent order or file an Initiating Application within that two year time period right after separation.

At Hartley Healy we practice solely within the area of Family Law and Defacto Law. All of the means and initiatives are dedicated to providing expert advice and service. Thus, our customers can really feel assured that our concentrate is actually completely on their needs and rights arising from the breakdown of their relationship.

All of us realize that people often really feel awkward, ashamed or uncomfortable in discussing matters relating to the failure of their relationship. We offer the subtle and private environment required to resolve such matters.

Along with eight Family Law Solicitors, four of whom are Accredited Specialists, and a assistance staff group focused on providing professional family and defacto law advice for the many satisfied customers, Hartley Healy has grown to be one of the largest Specialist Family Law companies within Australia.

Looking at Defacto Relationships

By: Edward Dame

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