Property Law
De Facto Relationships
While not enjoying all the same rights as marriage, de facto relationships are legally recognised. New South Wales legislation grants limited maintenance rights on the breakdown of a de facto relationship of at least two years duration.
De Facto Law - What is Considered De Facto?
The term 'de facto' also applies to same sex relationships, and even to a “close personal relationship” between two adults, regardless of whether they are related, who are living together, where one provides the other with domestic assistance or personal care (without fee or reward). As these relationships can be determined as 'de facto', it is vital to speak with a family lawyer prior to moving forward.
How Does the Family Court Determine Whether a Relationship is De Facto?
To determine whether a relationship is truly de facto, a court will look at a number of facts listed in the NSW legislation. These include the duration of the relationship, financial dependence, ownership, and use of property, children, the existence of a common residence, mutual support, and public recognition of the relationship. The Family Court determines issues relating to the children of a de facto relationship. The District Court or Supreme Court determine issues relating to the property of the partners in a de facto relationship in a separation. Those property matters are determined in Court in accordance with the provisions of the Property (Relationships) Act 1984.
Can De Facto partners reach agreement as to what will happen on the breakdown of a relationship?
The Property (Relationship) Act 1984 provides for parties in a de facto relationship to enter into an agreement setting out what will occur in the event of a breakdown. Careful consideration is to be had to the terms of any agreement, not only in what is in the agreement, but what is omitted from the agreement. There are many issues that need to be carefully considered.
Watson & Watson Family Lawyers can inform you whether you are eligible to receive support, and can assist with property and children’s matters as a de facto partner.
Advice for De Facto Law
Please use the form to the right to contact us and arrange an appointment. One of our experienced family lawyers will contact you and discuss your situation and advise on the best course of action as a de facto, or former de facto partner.
- Watson & Watson Family Lawyers - De Facto Law, De Facto Relationships, Property Settlement - Over 25 years of experience with de facto law in Sydney -
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