Ending a de facto relationship can be complicated, but the law recognises that partners are entitled to protection. Under the Family Law Act 1975 (Cth), either partner can apply for property settlement or spousal maintenance, provided the relationship meets the legal definition of a de facto relationship.
For the purposes of property and financial matters, a de facto relationship exists where two people, whether of the same or opposite sex, live together on a genuine domestic basis but are not legally married.
To determine whether a de facto relationship exists, the Court may consider factors such as:
- The duration of the relationship
- The nature and extent of cohabitation
- Whether a sexual relationship exists
- Financial dependence or interdependence
- Ownership, use, and acquisition of property
- Mutual commitment to a shared life
- Whether the relationship is or was formally registered
- Care and support of children
- The public reputation of the relationship
A de facto relationship can exist even if one person is legally married to someone else or in another de facto relationship. Generally, it must have lasted at least two years, unless there is a child, one party made a substantial contribution, or the relationship was formally registered.
The timeframes for taking legal action differ between de facto and married couples, with de facto partners required to start property proceedings within two years of separation, while married couples have 12 months from the date their divorce is finalised.
If you or someone you know is in a relationship and considering a property settlement, it is important to seek legal guidance to ensure the relationship meets the legal threshold for a de facto relationship. Our experienced family law team can guide you through the process and help secure a fair property settlement. Contact us today on 1300 285 888 to arrange an initial consultation.
