De Facto relationships under the Family Law Act
Burrell Family Law can assist in navigating the complexities surrounding de facto relationships under the Family Law Act 1975 (“the Act”). According to the Act, a de facto relationship exists when two individuals:
- Are not legally married to each other.
- Are not related by family.
- Have a relationship resembling that of a couple living together genuinely and domestically.
Determining the existence of a de facto relationship involves considering various factors:
- The duration of the relationship.
- The nature and extent of shared living arrangements.
- Whether a sexual relationship exists.
- The level of financial dependence or interdependence, including arrangements for financial support.
– Property ownership, use, and acquisition. - The extent of mutual commitment to a shared life.
- Whether the relationship is registered under relevant state or territory laws.
- Responsibilities for the care and support of children.
- The public reputation and perception of the relationship.
De facto partners enjoy the same rights as married couples when it comes to seeking orders related to family law matters in the Federal Circuit and Family Court of Australia. This includes matters such as property settlement, parenting arrangements, and spousal maintenance.
At Burrell Family Law, we recognize the importance of understanding navigating the complexities surrounding de facto relationships under the Family Law Act 1975. We are dedicated to providing tailored advice and representation to individuals involved in de facto relationships, ensuring their rights and interests are protected under the law.
Whether you’re seeking guidance on establishing the existence of a de facto relationship or pursuing legal action related to family law matters, Burrell Family Law is here to support you every step of the way. Contact us today to learn more about how we can assist you in resolving your de facto relationship issues effectively and efficiently.
A de facto couples have two years from the date of separation to work out their property settlement by way of Consent Orders or a Financial Agreement, otherwise they must seek consent from the Court to file an application out of time.