Our Family Lawyers and De Facto Lawyers have extensive experience assisting clients deal with a wide range of family law and de facto separations. Our De Facto Lawyers are particularly fond of the law surrounding de factos, namely, the different rules applying to the division of property and child custody.
The law provides that a person is in a de facto relationship with another person if:
- The parties are not legally married;
- The parties are not related by family; and
- The parties live together on a genuine domestic basis and as a couple.
Considerations which may be taken into account when determining whether a de facto relationship exists include the period in which the parties have been in a relationship, the duration of the relationship, whether there are any children of the relationship, financial dependence and ownership of property. Homosexual relationships are able to qualify as de facto relationships at law.
Alongside this recognition of a relationship which exists outside of marriage, is the recognition of separation rights, division of property and child custody. There are two different systems governing the separation of de factos and division of property. These arise from the Property Relationships Act 1984 (New South Wales legislation) and the Family Law Act 1975 (Federal legislation). The New South Wales legislation applies to de factos who separated prior to March 2009 and chose not to opt in to the Federal legislation.
The dissolution of a de facto relationship can be complicated. It is always best to consult the expertise of a Family Lawyer knows and understands the law. Our De Facto Lawyers have assisted clients deal with complicated family separations, sometimes involving children. Contact our office to arrange a consultation with an experienced Family Solicitor.
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