A de facto relationship QLD (Queensland) involves parties who are in a domestic relationship. However, these relationships do not involve marriage. Think of unmarried partners who moved in together under one roof. Both same-sex couples as well as opposite-sex couples can be in a de facto relationship in QLD.
Moreover, parties can register their de facto relationship in QLD. 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 legally married to each other,
- they have a relationship as a couple living together on a genuine domestic basis,
Moreover, some other factors to consider include:
- the duration of their relationship
- whether a sexual relationship exists
- the nature and extent of their common residence
- the degree of financial interdependence or dependence
- the care and support of children
- degree of mutual commitment to shared life
De Facto Relationship QLD: Property Settlement
In Queensland, parties who are in a true de facto relationship have the option to separate and handle any property disputes amongst themselves. In addition, the divorcing couples might agree on amicable parenting plans if they have kids.
Separating spouses may need to attend family conflicts resolution if they are unable to come to an agreement. They can ask the family courts for property orders if this doesn’t work.
Note that the time limits for property settlement for de facto relationship in QLD is different as compared to time limits for property division in 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.
They may also consider entering into financial agreements to avoid conflicts and disputes in the future.
Are Parenting Arrangements
As is the case during divorce, the courts consider the best interests of the child when making decisions about parenting. The family law system in Australia encourages de facto couples who have separated to form parenting plans. These documents should include information about how the child can spend time with each of his or her parents.
Parenting Plans, Consent Orders and Parenting Orders
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 agreements that both parents plan in writing. If you and your former partner are able to prepare 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 and if any of the parties breaches these orders, they may be liable for contempt of court.
Whereas because parenting plans are informal agreements, a party can go back on their word without facing any serious consequences. Lastly, parenting orders are for parties who are not able to reach mutual agreements. They can then apply to the family court or the Federal Circuit Court for parenting orders. The courts always give primary consideration to the best interests of the children.
FAQs About De Facto Relationship QLD
1) How Does Queensland Recognise a De Facto Relationship?
In Queensland, The Family Law Act 1975 legally recognises de facto relationships 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 be Considered in a De Facto Relationship in Queensland?
Usually, it takes at least 24 months for them to be acknowledged as a de facto pair. On the other hand, this can also be evaluated case-by-case, taking into account a number of variables such shared living arrangements, financial reliance, and dedication to a shared existence.
3) Do De Facto Couples have the Same Rights as Married Couples in Queensland?
Yes, in most cases, de facto couples in Queensland have similar legal rights and obligations as married couples, particularly when it comes to property settlements and financial matters.
4) 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.
5) How Can I Prove that I Am in a De Facto Relationship in Queensland?
Evidence such as joint financial records, shared living arrangements, social recognition of the relationship, and other forms of cohabitation can be used to demonstrate that you are in a de facto relationship. These requirements are not too different from other Australian states.
6) 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. For instance, they have 2 years from separation to finalise property settlement. It’s essential to seek legal advice promptly if you have such claims.
7) 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 relationship is helpful if you are considering entering into a binding financial agreement (BFA). Some couples may choose to register their relationship to gain certain legal benefits and recognition.
8) 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.
Seeking Advice from Leading Family Lawyers
Family lawyers can help you with all your divorce and separation matters. Whether you want to finalise property settlement, or make decisions on child custody matters, we advise you to speak with family lawyers who can help you resolve your case.
De facto separations can be complex. In case of contested separations, chat with our leading team of family lawyers. Contact our team of Australian family lawyers today if you have more questions on de facto relationship or registered relationship in QLD or in any other Australian state.