De facto relationship break-up entitlements are similar to that of divorced couples. This may sound shocking to some, but it is true. Some de facto couples may think that they do not have rights like property settlement or parental rights when their de facto relationship ends.
However, it is crucial to understand that every de facto separation will not have the same break-up entitlements. Every relationship and situation is different and courts will need to assess them on a case-by-case basis.
In this article, we will discuss when and how de facto relationships break up entitlements happen and how to deal with them with legal advice.
Let’s Define a de Facto Relationship
The most common defining factor of a de facto relationship is whether a genuine domestic relationship exists or not. This means that they have been living together in a ‘marriage-like’ way. Think of couples who decided to move out of their family home and live together with their partner in a home or apartment. These couples usually sleep together and eat together like a married couple would.
There is no specific requirement or time spent living together. However, living on a genuine domestic basis for a minimum period of 2 years can qualify a relationship as de facto. Section 4AA of the Family Law Act 1975 describes a couple in a de facto partnership if two people of the same or annother sex are:
- Not legally married
- Not biologically related to each other
- In a relationship as a couple living together on a genuine domestic basis.
Furthermore, the Family Law Act also sets out the following criteria to help them determine a de facto relationship:
- Duration of the relationship
- Shared residence
- Sexual relationship
- Financial dependence and support
- Joint ownership of property
- Level of commitment to a shared life
- Registration of the relationship (if applicable)
- Childcare and support
- Public perception of the relationship
What Assets & Property Are Considered By The Court?
A big part of de facto relationship break up entitlements is in relation to the mutual property and assets of the couple. In family law, we call this property settlement. Property settlements occur when a couple (de facto or married) divides their assets, finances, and properties that have accumulated during their relationship.
Below is a list of property and assets that the Courts commonly consider:
- Any real estate and homes;
- The personal property of both parties;
- Business assets;
- Shared bank accounts;
- Personal bank accounts;
- Any investments including bonds, shares and collectables;
- Liabilities;
- Private and shared vehicles; and
- Superannuation funds.
De Facto Relationship Break Up Entitlements Concerning Property
De facto relationship break up entitlements concerning property are slightly more limited as they typically require either:
- A couple living together on a genuine domestic basis for two years; or
- Having a child together
The Court will also have regard to other issues and circumstances in determining whether a division of the couple’s property pool is necessary or not.
These considerations include:
- If either party has made significant financial contributions to the property which would result in serious injustice if unacknowledged; or
- Whether not acknowledging one parties rights to that property will leave them at a significant financial disadvantage. In turn, The family court will assess this in case a former partner is eligible for spousal maintenance after a de facto relationship break up. Spousal maintenance enables one partner to provide financial support to the other partner who is going through financial hardship.
Click here to read our article that highlights on who gets the dog after a divorce.
De Facto Relationship Rights And Children
Children from de facto relationships are protected under the Family Law Act 1975 – similarly to children of married couples.
The usual minimum two-year period for a de facto relationship to be established does not apply to de facto relationships involving children. As such, despite the duration of your relationship, the Court’s will consider both de facto partners as responsible for all parental duties in relation to their children.
Like marriage, a significant de facto relationship break up entitlement where children are involved is child support. Regardless of whether or not you are married, if one party is primarily responsible for the care of a child or children, they are entitled to claim child support from their former de facto partner. Care for children is considered as non financial contributions to the relationship.
For more information on de facto relationships that involve children, check out our factsheet here.
Seek Legal Advice About de Facto Separations Today
When discussing de facto relationship break up entitlements, it is essential to seek legal advice from family lawyers. Breakups are never easy especially when couples have invested not just their time and commitment, but also substantial contributions or significant contributions to the relationship. Moreover, breakups may lead to legal action if the couple is in dispute – married or not.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We also have fixed-fee pricing for our legal services. This will give you a clear sense of the costs from the start, and we will be sure to help you out every step of the way whether there’s court involvement or not.
With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers about de facto relationship entitlements.
Read Our Articles About Family Law Matters
Suppose you have any more questions regarding de facto relationship break up entitlements or other family law matters.
In that case, you should head over to our blog section for more informative articles on a wide range of family law topics.
Alternatively, here are some of our newest articles linked below:
What You Need To Know About Child Custody Arrangements
How Long Does It Take To get a Divorce In Australia?
When Parents Disagree About Vaccinating Children
Our YouTube Channel
For more informative family law content, please check out our YouTube page.
We have some educational videos linked below, which are on matters that you may find interesting and helpful
How To Stop Your Spouse From Selling Your Property After A Divorce
First Home Buyer? Save THOUSANDS With The First Home Buyer Scheme
Going Through a Marriage Separation? What Happens To The Kids And Home?
