Two years together or have kids?
At FEDOROV Family Lawyers Gold Coast and Brisbane your relationship is important to us. Therefore, getting a handle on what you are entitled to in a de facto relationship is key.
What is a
de facto relationship?
A de facto relationship, according to Australian law involves two committed people (opposite or same sex) that have:
Lived together on a ‘genuine domestic basis’ for a minimum of 2 years or
Share a child
Is or was registered under a prescribed law of a State of Territory
Not related by family
Must not be married
That significant contributions were made or being made by one party and the failure to make an order would result in a serious injustice.
What is a
de facto relationship?
A de facto relationship, according to Australian law involves two committed people (opposite or same sex) that have:
Lived together on a ‘genuine domestic basis’ for a minimum of 2 years or
Share a child
Is or was registered under a prescribed law of a State of Territory
Not related by family
Must not be married
That significant contributions were made or being made by one party and the failure to make an order would result in a serious injustice.
What Rights You Have in a De facto Relationship
It may not come to mind but knowing your rights in a de facto relationship can be incredibly useful. The legal rights and responsibilities in a de facto relationship in relation to your entitlements are generally equivalent to those of a married couple’s rights. Meaning you have the right to a de facto property settlement. To know more about how to protect your property in a de facto relationship, please feel free to contact us.
What Rights You Have in a De facto Relationship
It may not come to mind but knowing your rights in a defacto relationship can be incredibly useful. The legal rights and responsibilities in a de facto relationship in relation to your entitlements are generally equivalent to those of a married couples rights. Meaning you have the right to a de facto property settlement.
What does the courts consider in a de facto relationship?
Any direct and indirect financial contributions;
Any non-financial contributions, the contribution made by a party to the welfare of the family or in the capacity of homemaker or parent;
The effect of any proposed order upon the earning capacity of the other party;
Any child support that may be provided; and
Matters referred to in section 90SF(3) which mirror the section 75(2) factors (see Property Matters) and include factors such as age, state of health and income capacity.
So, What’s Next?
Knowing your rights in a de facto relationship doesn’t have to be difficult.
In fact, at FEDOROV Family Lawyers Gold Coast and Brisbane family lawyers we can help you through life’s obstacles with you and your partner, family and children with ease and peace of mind.
Come in and speak to us at FEDOROV Family Lawyers Gold Coast and Brisbane. Call us on 1300 786 719.