Understanding De Facto Relationships in Australia: Your Legal Rights Explained

Understanding De Facto Relationships in Australia:
YourLegal Rights Explained

Many couples assume that if they’re not married, they don’t have any property entitlements. In reality, de facto partners can have similar rights to married couples under Australian law. At Fountain Law we understand how crucial it is to know your rights, especially if your relationship ends.

What is a De Facto Relationship and When is it Legally Recognised?

Under the Family Law Act 1975, a de-facto relationship is a relationship between two people, both opposite and same sex, who are not legally married, not familial related, and who live together on a domestic basis.

A relationship is automatically considered de-facto once it exceeds two years without a period of separation. For relationships shorter than two years, a de-facto relationship may be considered if:

·      The couple have a child together.

·      Shared property.

·      Shared finances.

·      One party made significant contributions.

·      The relationship was registered under a State or Territory law.

At Fountain Law we acknowledge the importance of understanding whether your relationship is classified as de-facto and what this means for your rights.

Your Legal Rights as a De Facto Partner

It can be challenging identifying whether you are in a de-facto relationship as time quickly passes by and the relationship dynamic naturally changes. In no time, you are living together, having children and sharing finances. Due to 2009 changes to the Family Law Act, de-facto relationships legally closely resemble marriage. It is here that a relationship breakdown can have significant consequences for you and your partner.

Upon a relationship breakdown parties must apply to the court within two years of the date of separation to finalise the below:

Property Settlements

• This is similar to married couples with division being based on each party’s contributions (financial and non-financial) and future needs.

Spousal Maintenance

• One partner may need to financially support the other.

Parenting Arrangements

• Focus is always on the best interests of the child and ensuring their needs are adequately met.

Superannuation Splitting

• Superannuation can be divided after separation.
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Applying outside of this timeframe can induce additional stress and financial fees and you must explain to the court why you were unable to lodge an application within the two year period.

Common Misconceptions About De Facto Relationships

Some incorrect assumptions surrounding de-facto relationships include:

• Not living together long enough for the relationship to be considered de-facto.
• If everything is in the other party’s name, you get nothing.
• If you aren’t legally married, you aren’t entitled to anything.
• Your assets are separate if you’re not legally married.

These misconceptions can leave parties feeling confused about their rights and what their legal obligations are. Our legal experts understand that pursuant to the Family Law Act the focus is on the quality of the relationship and not necessarily just the form.

Get the Right Advice Early at Fountain Law

If you’re unsure about whether you are in a de-facto relationship, what your rights are, or how to navigate a separation, it is advisable to seek legal advice.

At Fountain Law, we understand that every relationship is different and we pride ourselves on providing personalised and tailored advice to the local community. We can help you understand your position and how best to navigate your situation.

Our lawyers can also assist you in taking steps before living with your partner, or whilst living with your partner, by entering in to a Financial Agreement that sets out how property is to be divided.