LGM Family Law and How We May Assist You
This can be a more complex question depending upon the background to your relationship. It is possible that you may legally be in a de facto relationship even where you may not expect that you are. You can read more about this in our blog.
We can also assist you with negotiating an agreement with your former partner. Our goal is for your arrangements, whether for children or property, to be settled amicably with your former partner. However, if necessary, we will prepare your documents and represent you in Court. Any Court application in relation to property matters must be made within 2 years of separation.
Equivalent Rights as Married Couples
De facto couples (whether heterosexual or same sex) who separate after 1 March 2009 generally have the same rights and responsibilities in Australia as married couples under the Family Law Act 1975 and before the Family Court.
Period of a De Facto Relationship
For claims under the Family Law Act 1975, a couple must have been in a de facto relationship living together on a genuine domestic basis for at least 2 years. That 2 year requirement will not apply though if there is a child of the de facto relationship; a party made substantial contributions to the other’s property and serious injustice would be caused if Orders were not made or the relationship is or was registered under certain State law. There are also some residency requirements which you can read about in our blog.
Property Settlement, Spousal Maintenance & Arrangements for Children
A person in a de facto relationship can generally expect to have claims for settlement of property; spousal maintenance and arrangements for children dealt with in a similar way as for married couples under the Family Law Act 1975. For further information, please click on our pages under the headings: