De facto and the Law; Two years together or have kids?
What is a de facto relationship?
If you are not married but have been in a relationship for over two years, or have children you may have a claim for a de facto property settlement.
How do I work out what property I am entitled to?
When making a decision on what your entitlements are, the Court considers contributions to the property that you and your partner have made over the course of the relationship.
De facto couples may now access the Family Courts for both financial and parenting disputes just like married couples. The new amendments provide that after the breakdown of a de facto relationship, the Court must take into account a number of factors to determine a just and equitable division of property and the provisions essentially mirror those that apply to married couples.
A Court must take into account following:-
- 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.
Contact Fedorov Lawyers on 1300 768 719 to discuss your De facto Property matters or send us an enquiry to book your appointment.