Many couples have considered to be in a de facto relationship instead of going through the marriage process, but what is a de facto relationship? What are your rights in a de facto relationship?

 

Under the Family Law Act 1975, section 4AA De Facto Relationship defines that the meaning of de facto relationship:

  • A person is in a de facto relationship with another person if both parties are not legally married to each other
  • Not related by family which includes an adopted child of the other; or
  • One is another descendant of the other (even if the relationship between them is traced through an adoptive parent); or
  • They have a parent in common (who may be an adoptive parent of either or both of them) and
  • Have regard to all the circumstances of the relationship as a married-like couple living together on a genuine domestic basis.

 

To determine whether you are in a de facto relationship or not, there are some conditions need to be considered:

  • The length of time for a couple to be considered as de facto relationship is two years in Queensland;
  • The nature and extent of the couple’s common residence;
  • Whether a sexual relationship exists;
  • The financial situations and any arrangements for financial support;
  • The ownership, use and acquisition of the 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.
  • A person can have multiple de facto relationships.

 

A de facto relationship can exist between two persons of different sexes and between two persons of the same sex; and a de facto relationship can exist even if one of the persons is legally married to someone else or in another de facto relationship which mean a de facto relationship is not exclusive to both parties.

 

In Queensland, couples can register de facto relationship as civil partnership (not a marriage) without having a declaration ceremony. Both parties must be over 18 and not be married or already in a civil partnership; one party must be a Queensland resident.

 

A de facto relationship has the same rights as a married couple. When the relationship breakdown, you are entitled to the property settlements, parenting arrangements and financial orders. However, if both parties cannot agree on terms, financial or property orders can be applied to the Court. Both parties have a limit of up to two years to finalise any property or maintenance issues after the relationship has ended.

 

Morrison Specter has a team of professional lawyers to provide the best legal advice and strive for the maximum benefits.