In family law matters (particularly property settlement matters), it is important to determine whether you and your partner are considered to be in a de facto relationship or not. If you satisfy the criteria for a de facto relationship, then there may be various implications if you separate.
You and your partner may be considered to be in de facto relationship under the Family Law Act 1975 (Cth) if you have a relationship as a couple, living together on a genuine domestic basis. Some of the factors that a Court may take into account in determining whether a de facto relationship exists on a genuine domestic basis include:-
The duration of the relationship;
Interestingly, you can be considered to be in a de facto relationship with one person, even if you’re still married to another person.
Another important factor to note is that even if you’re considered to be in a de facto relationship, you may not yet satisfy all the criteria required to make an Application the Federal Circuit Court for property settlement and/or spousal maintenance matters. In addition to being considered to be in a de facto relationship, in order to file an Application in the Court, you must:-
Meet one of the following criteria:
If you have separated from your de facto partner and you need assistance from the Federal Circuit Court to determine your property settlement and/or spousal maintenance matters, you must file an Application within two (2) years from the date of your separation. This is different to the time limit following a Divorce, which is that you only have one (1) year from the date your Divorce takes effect in which to seek the Court’s assistance. After the two (2) years has expired since your separation, you will need the special permission of the Court to apply, which is granted in limited circumstances only.
If you would like some assistance or advice about your de facto relationship, please contact us on (07) 4638 1133.
A 33 Neil St, Toowoomba QLD 4350
PO Box 838, Toowoomba QLD 4350
P 07 4638 1133
F 07 4638 4957
E emailbox@wonderley.com.au
A 1 Cherry St, Oakey QLD 4401
P 07 4691 1910
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P 07 4638 1133
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