De facto Relationships
A de facto relationship is defined in Section 4AA of the Family Law Act 1975. The law requires that you and your former partner, who may be of the same or opposite sex, had a relationship as a couple living together on a genuine domestic basis.
All the circumstances of the relationship will determine whether a couple have a de facto relationship. Consider the following:
- The duration of your relationship;
- The nature and extent of your common residence;
- Whether a sexual relationship exists;
- The degree of financial dependence or interdependence, and any arrangements for financial support, between you;
- The ownership, use and acquisition of any property;
- Your degree of mutual commitment to a shared life;
- Whether the relationship has been registered, in a State or Territory with laws for the registration of relationships;
- The care and support of children, and
- The reputation and public aspects of your relationship.
But we separated last year...
You have two years from the date that you separated on a final basis to make your claim for a property settlement in the Courts if your relationship is deemed to have been de facto.
We haven't been together for two years but we have a child together...
Children born to de facto relationships are dealt with the same as if the children were born to married couples.
I have paid half of the mortgage for years but the house is in my Former partner's name...
You may have an equitable interest in the property and depending on your particular circumstances, a caveat may need to be lodged to protect your interest. When it comes to property settlements for de facto relationships, the Family Law Act provides the same provisions as for married couples.