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De Facto Couples

We can advise you on what constitutes a de facto relationship in the eyes of the law and your rights with respect to property, maintenance and children in the event of a relationship breakdown.

Am I in a de facto relationship?

The following criteria is used by the Court to consider whether you are in a de facto relationship with another person:

  • The persons are over the age of 18 and not legally married to each other
  • The persons are not related by family
  • Having regard to all of the circumstances of the relationship they are a couple living together on a genuine domestic basis.

The law in Australia since March 2009 provides equality between de facto couples (including same sex couples) and married couples. The law provides for property and financial issues and children’s issues to be determined upon the breakdown of the relationship and Kells can advise you of your options in this regard.

Is there a time limit after separating to bring an application for property settlement?

Yes. The time limit is two years after the breakdown of the de facto relationship however the court may still consider an application made outside of the two year period if it’s believed that the applicant or a child of the relationship would suffer hardship if the application was refused.

What should I do if I am separating?

Come and see one of the specialist family lawyers at Kells to obtain advice about your separation, including your rights and entitlements in relation to property and children’s issues.


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