Ah, to start a de facto relationship in QLD (Queensland), one of the most famous states in Australia. While some prefer to start a relationship in other Australian states, others probably want to progress their relationship in Queensland. But, how does a de facto relationship in Queensland compare to other Australian states?
All de facto relationships are the same in Australia. As long as you are in a relationship with someone but are not married, you are in a de facto relationship. Both same-sex couples and opposite-sex couples can be in a de facto relationship in QLD. Queensland also calls a de facto relationship a civil partnership.
De facto couples have legal rights similar to married couples regarding property settlement, spousal maintenance and child support after separation. Even same-sex and heterosexual de facto relationships share many of the same legal rights as married couples. Parents in a de facto relationship are also eligible for parenting arrangements under family law as if they are a married couple.
As you can see, de facto couples have a lot of benefits under their belt. However, these benefits come with a lot of possible legal matters. What if the de facto couple breaks up? Who will the children go to, or how will the couple split their assets? Let’s answer all of these questions in this article.
Registering Your De Facto Relationship in QLD
To avail of such benefits, the Queensland government needs to recognise your relationship as a de facto relationship. They can do this via the Registry of Births, Deaths and Marriages (view website here).
There are certain indicators that Section 4AA of the Family Law Act (1975) sets out that enable courts to determine whether or not a de facto relationship exists between two parties. This includes:
- The persons are not related by family,
- They are not a legally married couple,
- Their relationship as a couple is on a genuine domestic basis
Some other factors to consider include:
- The duration of their relationship
- Whether a sexual relationship exists
- Nature and extent of their common residence
- Degree of financial interdependence or dependence
- The care and support of children
- Degree of mutual commitment to shared life
Upon registration of a civil partnership, the QLD government will issue a certificate as proof of the de facto relationship.
De Facto Relationship QLD: Property Settlement
If a genuine de facto relationship breaks down in QLD, partners can agree to divide property amicably without needing to go to court.
Where separating couples are not able to reach an agreement, they may need to attend family dispute resolution. If this fails, they can approach family courts for property orders.
Note that the time limits for property settlement for de facto relationships in QLD are different as compared to time limits for property division in the case of divorces. De facto couples who are going through a separation have 24 months (2 years) from the date of separation to finalise property settlement.
If partners cannot agree on property terms, they may need to apply to the court for financial orders or agreements. Unmarried couples who broke up after March 1, 2009, can seek property division and or financial support under the Family Law Act.
Parenting Plans, Consent Orders and Parenting Orders
Children play a big role in relationships, whether they come from married or de facto couples. Separated de facto couples who are able to come up with mutual arrangements for parenting can prepare parenting plans with each other.
Parenting plans are informal written agreements. This means they can make a written or verbal agreement for their child’s care arrangements. These documents should include information about how the child can spend time with each of his or her parents.
If you and your former partner can prepare a parenting plan, we also recommend that you apply for consent orders.
Consent orders are court orders that legalise and formalise parties’ parenting plans. This offers certainty to parties as if any of the parties breaches these orders, they may be liable for contempt of court.
As is the case during divorce, the courts consider the best interests of the child when making parenting decisions. If they fail to follow their parenting plans, they may seek consent orders from the court as well. Remember, the court will prioritise the child’s views when they legalise parenting plans. Either parent must not influence the child’s views or decisions about the arrangement.
FAQs About De Facto Relationship QLD
1) How Is a De Facto Relationship Recognised in Queensland?
In Queensland, de facto relationships are legally recognised under the Family Law Act 1975. This means that couples in de facto relationships have similar rights and responsibilities as married couples in areas such as property division and financial matters.
2) How Long Must a Couple Live Together To Reach a de Facto Relationship Status in Queensland?
Generally, a minimum duration of 24 months is required for them to be recognised as a de facto couple. However, this can also be assessed on a case-by-case basis, considering various factors such as financial interdependence, shared living arrangements, and commitment to a shared life.
3) Can a de Facto Relationship End Without Any Legal Process in Queensland?
Yes, a de facto relationship can end without a formal legal process, but if there are property or financial matters to be resolved, it’s advisable to seek legal advice or consider mediation to reach an agreement.
4) How Can I Prove That I Am in a de Facto Relationship in Queensland?
You can provide evidence such as joint financial records, shared living arrangements, social recognition of the relationship to prove the de facto relationship. Any other form and evidence of cohabitation can help demonstrate that you are in a de facto relationship.
5) Are There Any Time Limits for Making Claims Related to a de Facto Relationship in Queensland?
Yes, there are time limits for making certain claims related to property and financial matters after the end of a de facto relationship. It’s essential to seek legal advice promptly if you have such claims.
6) Is It Compulsory to Register My de Facto Relationship?
It is not a legal requirement for parties to register their relationship. However, we recommend doing so as registration of a relationship is helpful if you want to enter into a binding financial agreement (BFA). Some couples may choose to register their relationship to gain certain legal benefits and recognition.
7) Can a de Facto Partner Apply for Spousal Maintenance in Queensland?
Yes, a de facto partner can apply for spousal maintenance if they meet the necessary criteria, such as financial need and a legal obligation of the other partner to provide support. While this may seem beneficial for a lesser earning spouse, they must prove that they don’t have any other financial resources at their disposal.
Seeking Advice from Leading Family Lawyers
Family lawyers can help you with all your divorce and separation matters. You may think that a de facto separation is more difficult to deal with compared to marriage. However, this is not the case with us at JB Solicitors. Whether you want to finalise property settlement or make decisions on child custody matters, we advise you to speak with us and resolve your case quickly.
De facto separations may lead some ex-partners to contest property division or parenting time. Contact our team of Australian family lawyers today if you have more questions about de facto relationships or registered relationships in QLD.
