Essentially people who live in de facto relationships which are sometimes described as domestic relationships or domestic partnerships now enjoy the mostly same rights as married people (with some exceptions).
Recently the legislation in the family law act pertaining to de facto relationships has been changed to provide de facto couples with similar rights to those of married couples.
This comprehensive section of family law covers a range of topics and for more detailed information, simply choose from the list below:
When considering the legal aspects of a defacto relationship, it is always advisable to seek the advice of an experienced family lawyer. Call LAC Lawyers today on 1300 799 888.
De Facto Relationships - Definition
For the purposes of Family Law proceedings in Australia, a de facto relationship is a relationship between two people living together on a genuine domestic basis. Rather than setting strict criteria as to what defines a de facto relationship, the courts consider the following factors in determining whether there is a de facto relationship:
- The duration of the relationship;
- The nature and extent of their common residence;
- Whether a sexual relationship exists;
- The degree of financial dependence or interdependence, and any arrangements for financial support, between them;
- The ownership, use and acquisition of their property;
- The degree of mutual commitment to a shared life;
- Whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship;
- The care and support of children;
- The reputation and public aspects of the relationship.
In addition to the above factors, the Family Law Act provides that a court may only make property or maintenance orders in relation to a de facto couple in the following circumstances:
- There has been a de facto relationship for at least two years (this can include a period where there has been a break-up and reconciliation so long as the total period together is at least 2 years); or
- There is a child of the de facto relationship; or
- A party has made substantial contributions and failure to make an order for property adjustment would result in serious injustice to the applicant party; or
- The relationship is a registered de facto relationship under the prescribed law of a State or Territory
The above criteria apply to both opposite and same sex couples.
Note that the abovementioned definition of a de facto relationship is just the definition for family law purposes. Different definitions may apply in other areas such as deceased estates, violence protection orders, Centrelink entitlements or superannuation nominations.
Read more about Defacto Law Jurisdiction
De Facto Lawyers
LAC Lawyers have a team of lawyers with the experience in de facto law cases that you need to get the best outcome. The following is a selection of our currently practicing de facto lawyers.
 |
Legal Practitioner Director
De Facto Lawyer Sydney
|
 |
De Facto Lawyer Sydney
|
Registration of De Facto Relationships
Parenting Issues and De Facto Relationships
Maintenance for De Facto Relationships
Defacto Law - Property & Financial Settlements
Defacto Law - Property & Financial Agreements
Domestic Violence in De facto Relationships
Wills & Deceased Estates and De Facto law
De facto Relationships and family law is a complex process. When considering the legal aspects of your defacto relationship, it is always advisable to seek the advice of an experienced family lawyer. Call LAC Lawyers today on 1300 799 888.
