Person's separating from a de facto relationship may apply to the Court under the Family Law Act for a property settlement.
A person is in a de facto relationship with another person if:
- The persons are not legally married to each other; and
- The persons are not related by family; and
- Having regard to all the circumstances of their relationship, they are a couple living together on a genuine domestic basis.
In addition to proving to the Court that a de facto relationship exists, a person must also satisfy the court of one of the following:
- That the period of the relationship is at least two years; and/or
- There is a child of the relationship;
- The party to the de facto relationship who is applying for an order made substantial contributions to the relationship and a failure to make an order would result in a serious injustice to the application; or
- That the relationship was registered under the prescribed law of a State or Territory of Australia.
There are time limitations that apply to de facto's applying for an order pursuant to the Family Law Act, that is, 2 years from the date of separation. If you intend to separate from your partner or have recently separated, you may wish to make an appointment with one of our experienced lawyers to discuss your options.