De Facto Relationship - Am in in One?

Have you ever asked yourself; am I in a de facto relationship?



In Australia, a de facto relationship exists when two people who are not legally married to each other or related by family are living together as a couple on a "genuine domestic basis".



This includes two people of opposite sexes and two people of the same sex and still arises if one person is legally married to someone else or in another de facto relationship (which raises interesting questions for individuals who have mistresses).



Court Consideration



There are a number of factors which are considered by a court to determine if two people are living as a de facto couple. These include the duration of the relationship, the nature and extent of their residence, whether they are in a sexual relationship as well as other matters including the care and support of children, any financial dependence or arrangements for financial support between them and the ownership, use and acquisition of any property.



De Facto Relationship Laws



In Australia, the laws relating to de facto couples have recently changed. They are now covered by the Family Law Act 1975 (Cth) in relation to property division and spousal maintenance.



This means the same principles apply to de facto couples as to married couples. Children matters are also covered by the federal laws contained in the Family Law Act.



De facto couples can therefore access the Family Law Courts and the Federal Magistrates Courts for matters which arise from their de facto relationship.



These laws apply to relationships that break down on or after March 2009 so this will be almost everybody who approaches the court into the future.



If the couple is connected to South Australia, however, the new laws apply to relationships that broke down on or after 1 July 2010. If the relationship broke down before these dates, state laws may apply.



Different rules apply to Western Australian residents as it is the only state of Australia to have not adopted the Family Law Act.



If you cannot prove that you were in a de facto relationship, other laws may apply in respect of your property or other matters.



It is important to seek de facto relationship advice from a qualified legal practitioner in order to determine if you are, were or soon will be in a de facto relationship, as the drafting of a binding financial agreement (like a prenuptial agreement only specifically for de facto partners) may be necessary to protect your legal interests.



By Lauren Nolan on behalf of Love Law - first for family law

Lauren Nolan is an Australian law student interested in increasing public access to important legal information.



"This article is general information only and is not legal advice. Consult an Australian legal practitioner to obtain legal advice for your unique situation."

Lauren enjoys writing articles which increase public access to important legal information.

Reduce the price of your Legal advice with Love Law A New Online Law Service designed to save you money on Legal Fees by putting you in touch with helpful Family Lawyers in your area without the time, hassle and spend usually required to find the information you need.