The legal distinction between marriages and de facto relationships has virtually disappeared with changes to the Family Law Act in 2009. Parties in de facto relationships that have broken down since 1 March 2009 will have any proceedings (including property division) dealt with under the Family Law Act in the same way as a marriage.
Where a separation in the de facto relationship has occurred prior to 1 March 2009, the relevant state legislation applies unless both parties agree to be governed by the Family Law Act.
The courts apply tests to determine if a relationship is a ‘de facto’ relationship. Any claim for property settlement must be lodged within two years of the breakdown of the relationship (there are some grounds for extensions of time).
Our family lawyers are experienced in guiding and advising clients in this area. We can also provide assistance in the area of Parenting Orders and Children’s Issues, Child Support, Financial Agreements, Property Settlements, Estate Planning and more.
Contact us for comprehensive legal advice in relation to de facto relationships and family law.
