What’s a De Facto relationship?
A person is in a de facto relationship with another person if:
(a) the persons are not legally married to each other; and
(b) the persons are not related by family (e.g. siblings); and
(c) having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.
The broadness of the definition and the fact that many couples elect to live together, purchase property together or have children together before marriage leaves many people confused about whether they are in a de facto relationship and what impact, if any, this has on their legal rights.
Let’s break down four common myths about De Facto relationships.
Myth #1
A couple need to be living together for six months to qualify as being in a de facto relationship.
True or false?
False. This is commonly also mistaken as “the two year rule” for considered being in a de facto relationship.
Before making an Order for spousal maintenance or an alteration of property interests, the Court must be satisfied that there has been a two year period of cohabitation. BUT there are exceptions to this rule including if there is a child of the relationship or the applicant has made substantial contributions and it would be a miscarriage of justice if Orders were not made.
Myth #2
Because we aren’t married, we do not need to divide our assets after we break up.
True or false?
This is dependent upon individual circumstances. Your circumstances may warrant a property division, even if all of the assets are in one person’s name.
Myth #3
If we break up after being in a de facto relationship, my partner can claim 50% of my assets.
True or false?
This is also again dependent upon individual circumstances. Generally speaking, there is no automatic right to a 50% division of assets upon separation. In determining an appropriate division of assets, many factors are considered and legal advice is required to consider your individual entitlements.
Myth #4
I have had children but am not married to the father of the children. The Family Court can’t make Orders about the care of the children because we weren’t married.
True or false?
False. The Family Court’s underlying principle is making parenting Orders that are considered to be in the best interests of the children regardless of whether the child’s parents are married.
If you or someone you know is in a de facto relationship or your de facto relationship has ended, Russell Kennedy Lawyers can provide you with advice to protect your entitlements and to assist you with a property settlement or parenting arrangements.
How we can help
If you or someone you know is in a de facto relationship or your de facto relationship has ended, Russell Kennedy Lawyers can provide you with advice to protect your entitlements and to assist you with a property settlement or parenting arrangements.
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