Elliot Tuthill Solicitors - Cronulla Sydney

INFORMATION ON DE FACTO RELATIONSHIPS

If I am sharing a house with someone, does that constitute a de facto relationship?

No. The Property (Relationships) Act 1984 defines a de facto relationship as being a relationship between two adult persons who live together as a couple and who are neither married to one another nor related by family.

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Does the Property (Relationships) Act 1984 only apply to male/female relationships?

No, it also applies to same sex relationships.

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There are no children of our relationship, how do I go about structuring a property settlement?

If you and your former partner can reach agreement, that agreement can be incorporated into a Termination Agreement. That Agreement is binding provided each of you receive independent legal advice. There is no need for any Court proceedings to be implemented.

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If we can’t reach agreement, what happens then?

If you have been living together for at least two years and can demonstrate other features that are normally identifiable with a defacto relationship such as sharing household duties etc, you can make application to the Supreme Court (or the Local Court if the amount claimed is not more than $60,000.00) under the Property (Relationships) Act 1984.

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How long do I have in which to bring a property claim?

You have 2 years from date of separation.

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What about if we have children born of our relationship, can I still get orders regulating issues relating to those children?

Yes. If children are under the age of 18 years the Family Law Act regulates those issues. In those circumstances and in the absence of an agreement between you and your former partner, you would apply to either the Federal Magistrates Court or the Family Court for Orders.

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Does that mean that if I want property orders as well as orders regarding the children, I have to make application in separate Courts?

No, in those circumstances the Family Court will deal with the property and children issues.

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What does the Court take into consideration in deciding what I should receive as my share of the property settlement?

The Court will look at both the financial and non-financial contributions of yourself and your former partner. It will also look at the financial resources of both of you and where there are children under the age of 18 years the Court will take into consideration your respective contributions as homemaker or parent.

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