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 haveany property entitlements. In reality, de facto partners can have similarrights to married couples under Australian law. At Fountain Law we understandhow crucial it is to know your rights, especially if your relationship ends.

What is a De Facto Relationship and When is it LegallyRecognised?

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

A relationship is automatically considered de-facto once itexceeds two years without a period of separation. For relationships shorterthan 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 ofunderstanding whether your relationship is classified as de-facto and what thismeans for your rights.

Your Legal Rights as a De Facto Partner

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

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

Property Settlements

• This is similar to married couples with divisionbeing based on each party’s contributions (financial and non-financial) and futureneeds.

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 additionalstress and financial fees and you must explain to the court why you were unableto lodge an application within the two year period.

Common Misconceptions About De Facto Relationships

Some incorrect assumptions surrounding de-factorelationships 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 confusedabout their rights and what their legal obligations are. Our legal expertsunderstand that pursuant to the Family Law Act the focus is on thequality 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-factorelationship, what your rights are, or how to navigate a separation, it isadvisable to seek legal advice.

At Fountain Law, we understand that every relationship isdifferent and we pride ourselves on providing personalised and tailored adviceto the local community. We can help you understand your position and how bestto navigate your situation.

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