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Why choose Orman Solicitors when your de facto relationship ends?
How we work with you
To secure your assets when a de facto relationship ends in New South Wales (NSW), you need to follow a structured approach. Here are the essential steps:
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I’d like to share, my upmost Respect to Ormans Solicitors team members, they had my back, got me through the most difficult times, I was so overwhelmed worrying about everything, would all sort out. I would recommend them out there, they certainly give you the support, comforting, that its all going to be ok. Maggie, and the team are just Amazing. I’d like to Thank, each and every one of them for helping through, with there dedication and outcome certainly was of comfort, Good ending. I was so Happy, I chosen Ormans Solicitors. You are All a Great Team. I will Always be Grateful. Thank you to All of You.
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The Barnett Family
Maggie Orman
Principal
Renata Matyear
Senior Solicitor
Eileen Newcombe
Senior Solicitor
De Facto Relationship FAQ
Being in a relationship is generally a happy period of time, but when those involved decide to separate, it can be a difficult time to make arrangements.
With an increasing number of people choosing not to formally seal their relationship through marriage, a de facto relationship is recognised within Australian law.
How is a de facto relationship defined?
A person is considered to be legally in a de facto relationship with another person if:
- They are over the age of consent
- They are committed to each other on a permanent or indefinite basis
- They live together on a genuine domestic basis
- They are not in a registered relationship or legally married
Although, generally in Court, a de facto relationship is only legally recognised where a couple has been in a relationship for no less than two years, unless they have had a child together or have made substantial contributions to property or finances shared by the couple.
What does the Court consider?
In the event of a separation with a de facto relationship Courts may consider evidence from both parties, as well as the opinions and perceptions of those who know the couple, to determine whether the relationship qualifies as de facto. This assessment is crucial because it determines whether a couple is eligible for property settlement and other legal rights and obligations that come with a de facto relationship in Australia.
Do de facto couples have the same rights as married couples?
Yes, de facto partners generally have the same rights as married couples in areas like property settlements, financial support, and child custody. To claim these rights, the relationship typically must have lasted at least two years, or there must be a child or significant financial contributions involved.
Can de facto partners claim spousal maintenance?
Yes, spousal maintenance is possible if one partner cannot support themselves adequately after separation. The Court considers factors like the age, health, income, and financial capacity of both partners before making a decision.
What is a genuine domestic basis?
The phrase “genuine domestic basis” encompasses various aspects of the relationship and it can vary depending on individual circumstances. It generally includes but is not limited to:
Shared Residence: The couple must live together under the same roof or share a common residence. However, physical separation for short periods (due to work or other reasons) may not necessarily negate the genuine domestic basis if the overall nature of the relationship remains committed and domestic.
Commitment: The couple should demonstrate a mutual commitment to one another, to share their lives as a couple. The relationship should be exclusive and not involve other partners.
Financial Arrangements: Financial aspects of the relationship are often considered. This may include sharing financial responsibilities, such as joint bank accounts, shared expenses, or mutual financial support.
Social Recognition: The couple should be recognised as a couple by their friends, family, and the community, with both partners presenting themselves as a couple in social and public settings.
What are the legal rights in a de facto relationship?
The legal rights and responsibilities are similar for a de facto relationship, to that of marriage, but in the event of separation, property, assets and child arrangements can be even more complex. This generally involves having to establish that you were in a genuine de facto relationship, and if there is a child involved, whether they are a child from the de facto relationship.
In the case of separation of a de facto relationship with children, see our pages on parenting agreements and child support for further information.
If you are unsure about your relationship status or have found yourself having to defend a separation order, contact Orman Solicitors and get legal advice as soon as possible.
For more information on a de facto property settlement please click here.
Is it necessary to register a de facto relationship?
Registering a de facto relationship isn’t required but can offer legal advantages, such as proof of the relationship and simplified property and financial arrangements. Registration is optional and can help solidify your legal status in disputes.
De Facto Property Settlement FAQ
What is a de facto property settlement?
A de facto property settlement is a legal process in Australia that determines how the property, assets, and financial resources of two people in a de facto relationship will be divided when their relationship ends. This settlement is governed by the Family Law Act 1975 and allows de facto couples to resolve financial matters.
How do you split property in a de facto relationship?
The Court uses a four-step process to determine the best way to divide assets between two people.
- First, each party needs to agree on the assets and the debts.
- Second, both parties will consider the financial and non-financial contributions.
- Third, factors that will affect individuals in the future, such as income and child custody arrangements, are considered.
- Fourth, the outcome is assessed to ensure it is both just and equitable.
Is there a time limit on a property settlement?
Yes, there is a time limit for making a property settlement application in a de facto relationship. In most cases, the time limit is two years from the date of separation. Failing to apply within this time frame may affect your ability to seek a property settlement through the Family Law Courts.
Can a de facto claim spousal maintenance?
Yes, in Australia, a person in a de facto relationship can make a claim for spousal maintenance under certain circumstances. Spousal maintenance refers to financial support paid by one party to the other to assist with their living expenses and financial needs. However, there are specific criteria and considerations that must be met for a de facto partner to make such a claim. For more information see our page: spousal maintenance.
What does the Court consider when determining a de facto property settlement?
The Court will consider factors such as:
- Contributions made by each party to the relationship (financial, non-financial, and homemaking contributions).
- Future needs, including factors like age, health, earning capacity, and care responsibilities.
- The current value of assets and liabilities.
- Any financial resources or superannuation.
- Any financial agreements or child support arrangements in place.
Are de facto partners entitled to half?
Not necessarily. Australian law does not prescribe an automatic 50/50 division of property in de facto relationships. The division depends on individual circumstances, including the parties’ contributions and future needs. It may result in an equal division, but it could also be disproportionate based on the specific facts of the case.
What happens to my superannuation?
Superannuation can be subject to property settlement in a de facto relationship. It is treated as an asset to be divided between the parties. There are several options for handling superannuation:
- It can be split, with a portion allocated to the other party’s superannuation fund.
- It can be retained by the superannuation holder, with an adjustment made in favour of the other party by allocating a larger share of other assets.
- A combination of both split and adjustment may be used.
The specific approach will depend on the circumstances and the agreements reached between the parties or ordered by the Court.
How can I protect my assets?
Protecting your assets in a de facto relationship is a valid concern, especially if you want to ensure that your financial interests are safeguarded in the event the relationship ends. We recommend putting a Binding Financial Agreement in place.
Please note that property settlement in de facto relationships can be legally complex and depends on individual circumstances. It’s advisable to seek legal advice from an experienced family lawyer to ensure your rights and interests are protected throughout the process. Additionally, you should be aware that property settlement laws and regulations may change over time, so consulting with a legal professional for up-to-date information is crucial.