A de facto relationship is when two people are not married but live together.
The Family Court can make orders regarding de facto couples and property settlement as long as:
- The couple were in a de facto relationship for at least two years or there is a child of the relationship
- The couple have lived at least a third of their de facto relationship in Australia
- The couple separated after 1 March 2009
It is not always clear if a couple is living in a de facto relationship. So, what factors does the court consider in deciding? They are the following:
- How long the relationship lasted
- How long the couple lived together
- Whether there was a sexual relationship
- Were the couple financially dependent on one another?
- How was property owned?
- Was there a commitment to a shared life together?
- How were children cared for and supported?
- How did others see your relationship?
You need to remember that you have two years from the date of separation to apply for a court order about property settlement.
If you are in doubt about your rights, make sure you seek legal advice.
