De Facto Relationships Property Settlement:

Are you thinking of separating from your de facto partner? You may be wondering about the effect of property settlements upon separation of a de facto relationship. Although laws have been introduced which aim to deliver an outcome to the effect that a property settlement arising from a de facto relationship is no different from a property settlement arising from a matrimonial relationship, complexities still exist. Our Family Lawyers can look at your situation and provide expert advice.

To qualify as a de facto relationship, the relationship must meet the following criteria:

1. Two people in a relationship who are not married to each other;
2. Two people who are not related by family in any way; and
3. Two people who are living together in a genuine domestic arrangement (this also related to same-sex couples).

If your de facto relationship broke down after 1 March 2009 and you have been in the relationship for more than two (2) years, you may be able to make a claim for a property adjustment under the Family Law Act 1975 (Cth) (the Act). When deciding on your application, the court will look at the financial and non-financial contributions of both parties. Some examples of such contributions include: 

1. Bringing in income for the running of the household;
2. Being a homemaker; and
3. Improvements in the family lifestyle, for example, the purchase of a car or payment or home renovations.

If you have lived in a de facto relationship that lasted less than two (2) years, you may still be able to make a claim for a property adjustment if:

1. There a child from the relationship; or
2. You are providing care and financial support for the child of the other party; or
3. You have made financial or non-financial commitments which would result in injustice if an order was not made to compensate you.

If you need help with your property settlement and you are in a de facto relationship, then you should come and speak to one of our Family Lawyers. Our Sydney Family lawyers can provide you with the advice you will need, including your legal rights, whether mediation or counselling would be appropriate, assisting in negotiations with the other party and/or assist you in preparing your case if you intend to proceed to court. Book your first consultation today by contacting us on (02) 9233 4048 or send an email to  info@navado.com.au.

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.