Our family law firm in Brisbane is highly experienced in dealing with defacto relationship matters.
The Family Law Act has changed many times over the years, making it difficult for people with no legal experience to understand.
Under the Family Law Act (since 2009) defacto couples have the same rights as married couples to seek a property settlement or spouse maintenance payment when they separate.
How do you know if you are in a defacto relationship?
Firstly, the couple needs to have been in a “genuine domestic relationship.” There are various indicators as to whether that is the case, some of these indicators include:
- The duration of the relationship;
- The nature and extent of their common residence;
- Whether a sexual relationship exists;
- The degree of financial dependence or interdependence and any arrangements for financial support between them;
- The ownership, use and acquisition of their property;
- The degree of mutual commitment to a shared life;
- The care and support of children (if there are any); and
- The reputation and public aspects of the relationship.
If there is a “genuine domestic relationship”, then one of the following needs to exist, i.e.:
- The couple had been in the relationship for at least 2 years; or
- There is a child of the relationship (in which case there is no time requirement); or
- It would be unjust not to recognise a defacto spouse’s financial or non-financial contribution.
If you’d like to find out more on the topic of defacto relationship, please read the following featured articles:
If you have separated it is important that you get Family Law advice about how to achieve a property settlement, as there are strict time limits that apply. If you miss them there can be real problems. So, what are they? >…
For a defacto couple’s property settlement it is important to determine when separation occurred. It may seem simple, but it rarely is. Is it moving out of the house? Or can you be in the house but separated. >…
You may have an understanding that you are in a defacto relationship but what happens now? Like every relationship there are challenges to resolve: parenting, property, child support. How does that effect you? Here’s a quick guide. >…
Defacto relationships are no different to other relationships when it comes to trying to resolve issues. Amicable outcomes are always best. Mediation provides an alternative to going to Court. It involves you and your former partner, sitting down with an independent third party. Here are some helpful tips as to whether mediation would be suitable for you. >…
Speak to One of Queensland’s Largest Family Law Firms
Rather than trying to take on a defacto separation, property settlement or spouse maintenance by yourself, we can be on your side throughout the entire process. For a fixed-cost no obligation initial appointment to discuss your specific situation, call Michael Lynch Family Lawyers on (07) 3221 4300 or fill out our online form.