De Facto Relationships | Family and Divorce Lawyers
Find out whether you are in a de facto relationship or not. The definition of a de facto relationship in Australia is when two partners are living (or have lived). A de facto relationship is defined in Section 4AA of the Family Law Act However, your relationship is not a de facto relationship if you were legally married to one another or if you are related by family. The Family Court and the Federal Circuit Court deal with issues. The one year de facto relationship requirement is a criterion that must be met by . Will I be eligible to sponsor my partner on a partner visa to Australia? There is no clear definition of compelling and compassionate circumstances as it.
The decision is then made through a court hearing. Both parties are expected to fully disclose their respective financial circumstances. A failure to make proper disclosure of a relevant matter is taken very seriously. The Court considers four key factors in assessing property settlements.
The Court will ascertain the net asset pool of both parties. The net asset pool is the total value of all the assets owned by either or both parties. The net asset pool includes anything acquired before or during the relationship, as well as after separation.
In ascertaining the net asset pool, the Court will also consider other financial resources over which a party has influence, control or prospective entitlements. Ascertaining the net asset pool can be highly complicated. Accurate valuation of assets requires that many factors are taken into consideration, such as issues regarding taxation, stamp duties, and the appreciation or depreciation of asset values.
The Court will assess the contributions from both parties both financial and non-financial. There are many types of contributions that may have been made by either spouse. The Court considers all of the following: The Court takes into account many factors when deciding on the future needs of both parties. Age and health b. Capacity to earn money c. The property and assets of each party d. New relationships and new financial circumstances e.
Future parenting responsibilities care and support The Court will consider the practical effect of the proposed property settlement, and whether it is "just and equitable" to both parties. The decision is made taking into account all of these factors. How we can help you with your property settlement Reaching a property settlement can be complex and stressful, whether it is carried out through a financial agreement, consent orders or in a court hearing. Armstrong Legal are Australian Family Lawyers who specialise in property settlements for de facto relationships.
The advice you can expect from us is both personal and practical, being tailored to your needs. We will inform you of your rights and obligations in a way that you can understand and at all times put you in a position to make informed decisions about the conduct of your case. We are able to assist you with both the formalisation of agreements where there is no dispute or in situations where things are hotly contested.
Spousal maintenance Under Australian Family law there is very limited legal obligation on one de facto spouse to maintain or support the other, either during the relationship or after separation.
What is a de facto relationship | Claiming de facto status
To be eligible for spousal maintenance, the applicant must show that he or she has lost their earning capacity as a result of the relationship, but that they are prepared to participate in training and further education to increase their ability to earn.
Alternatively, spousal maintenance can be claimed when a party is unable to work because they are the primary carer for a child. This child must be the child of the former spouse. The same applies if the applicant cannot work because they are caring for a physically or mentally handicapped child. An application for married couples must be made within 12 months of the date of the divorce application being filed. For de facto couples an application must be made within two years of separation.
The Court may consider granting leave for a party to file an application after this time. Matters for consideration for married couples are outlined in sub-section 75 2 and for de facto couples in sub-section 90SF 3 of the FLA.
Ultimately there is three limbs to the test for spousal maintenance. The three parts to the test are as follows: Whether or not the person applying for the maintenance is exercising, to a reasonable extent, their ability to support themselves; Whether or not the person applying for maintenance after exercising their ability to support themselves has a reasonable financial need; and Whether or not the person that is being asked to provide the maintenance has the financial capacity to do so, having regard to their own commitments and standard of living which is reasonable in all of the circumstances.
Spousal maintenance can be made payable for a specified period such as to allow a person to complete a course of education, or up until the children reach school age, or may be payable indefinitely, until varied by subsequent court order. The Court has the power to vary any existing maintenance order provided there has been a significant change in circumstances since the making of the order.
Such variations may be to increase, decrease or cease future payments. Spousal maintenance can also be payable on an interim basis up until final determination of the matter.
Such orders are based upon the same legal criteria as final payments, but are more arbitrary in their making because of the limited way in which evidence is available to the Court on an interim hearing.
In practical terms, such orders for interim spousal maintenance are made on the basis of needs and maintaining the status quo of the parties up until a final determination. A Court can order urgent spousal maintenance refer to section Parties can contract out of spousal maintenance obligations by signing a financial agreement. Brown v Brown DJM v JLM Armstrong Legal experienced in the issue of spousal maintenance, and can provide you with valuable assistance to achieve the best result in making your claim.
The Family Law Act places parental responsibility on both parents, regardless of whether they separate or enter new relationships. According to sections 61B to 61DB of the Family Law Act, parental responsibility refers to the duties, powers, responsibilities and authority which parents have in relation to their children.
Pre-action procedures Reaching a settlement out of court saves you and your family considerable time, stress and money. The reason being that all states except WA have referred their powers to the Commonwealth Family Law Act in relation to dealing with property and maintenance issues after the breakdown of a de facto relationship. As mentioned above, the duration of your relationship is a factor in determining whether you are in a de facto relationship or not.
There is no set rule of time for this. However, you will usually need to demonstrate you have lived together for at least two years. There are exceptions to this rule — for example if you have a child from your relationship. Australian law does not discriminate between heterosexual or homosexual relationships.
De facto relationship information
This means a de facto relationship can exist between 2 people of the opposite sex, or between 2 people of the same sex. For the reasons above, this may not apply in Western Australia. However if you are unclear on whether you fall within the de facto relationship definition and want to register as proof of existence, you certainly can. Your Rights And Entitlements If you are in a de facto relationship — you have similar legal rights and responsibilities to those of married couples.