What Are De Facto Breakup Entitlements Australia
You may be able to receive de facto breakup entitlements in Australia if you satisfy the criteria of being in a de facto relationship.
It is important to know that you and your partner may be able to get a share of the properties you put in before and throughout your relationship.
Since the concept of a “de facto relationship” is so unlike that of a “marriage” or a “married couple,” many people do not understand their entitlements to property.
If you take it to court, you may be awarded a portion of the property pool.
The property pool includes things that are in your name and your de facto partner’s name:
- Bank Accounts
- Debts or personal loans
- Business assets
- Shares and other investments
- Personal property, including cars, boats, jewellery pieces, and furniture
- Other real estate properties
- The family home
What Is a De Facto Relationship?
A de facto relationship is a domestic partnership between two unmarried individuals who live together as a couple.
This type of arrangement is defined in section 4AA of the Family Law of 1975 as a genuine domestic relationship involving cohabitation.
A court may consider certain factors when determining whether the relationship exists in a de facto breakup entitlements Australia. Among these factors are the following:
- How long did the parties’ relationship last?
- The form and breadth of their shared dwelling.
- The existence of a sexual relationship.
- The level of mutual commitment to a life together.
- The extent of their financial independence or reliance and any financial assistance agreements between them.
- Property acquisition and how they use them.
- If they had children or not, including care and support.
- Whether they presented themselves as a couple to the outside world.
- If the relationship is or was registered as a defined kind of relationship under state or territorial legislation.
How Long Before a De Facto Can Claim?
A de facto can claim money from a property settlement as soon as they are considered a de facto partner.
For many people, this falls under two categories:
- They have been living together for 2 years; or
- They have children together.
There are time limits when claiming property in de facto breakup entitlements Australia. You have two years from the date of separation to file a family court property claim.
This rule can be bypassed if children or substantial contributions are made during this short period.
Section 90SB of the Family Law Act stipulates that a court may issue an order for maintenance or an order declaring or modifying property interests for former de facto spouses if the court is satisfied that one of the following prerequisite conditions has been met:
- that the relationship lasted for two years
- that a child was conceived during the relationship and is a child of both parties
- that the relationship has been registered under specified legislation of a State or Territory
- that any of these two applies:
- the partner in the relationship who seeks the order or declaration has made major contributions to the welfare of the family
- a denial of the order or declaration would result in grave unfairness to the applicant.
What Is a Short-Term De Facto Relationship?
In a short-term de facto relationship, two people have lived together for 2 – 5 years.
If you do not share children with your ex-partner and the relationship is unregistered, the Family Court may have no authority to make property orders or hear your property claim in a de facto breakup entitlements in Australia if the relationship was less than 2 years.
Should there be claims of substantial contributions in the de facto breakup entitlements in Australia, whether financial or non-financial and that they would result in grave injustice on your end, the court may decide to hear your claim.
How Are Property Splits Worked Out in De Facto Breakup Entitlements Australia?
When you go to a family lawyer to learn more about de facto breakup entitlements Australia, they will look at the property pool and the contributions you and your partner made.
Your legal adviser may give a potential “range” of what you can expect from the property pool that a court may award you.
You can use this pre-calculated percentage to negotiate better.
What Is the Difference Between a De Facto Relationship v Marriage?
According to the Family Law Act, your de facto partner is considered similar to a married spouse.
Akin to a marriage, you may be obligated or entitled to spousal support or a property split in your favour at the dissolution of the relationship.
Does Australian Law Apply to De Facto Relationships?
The Family Court deals with issues related to de facto breakup entitlements Australia in the same manner in almost the same manner they would with legally married couples.
What Rights Do De Facto Partners Have in Australia?
You have the same rights as a married couple concerning maintenance and property split as de facto partners living in Australia.
The same goes for same-sex de facto couples.
However, for more clarification, merely living with someone and having sexual contact with them does not necessarily constitute a de facto relationship.
Am I Entitled to Maintenance in a De Facto Relationship?
Maintenance or support grant depends on several factors regarding de facto breakup entitlements Australia. The application must be successful, and your ex-partner can pay for support. The court takes these considerations for that matter:
- Your age
- Financial status
- Working ability
- Standard of living
- Whether the relationship resulted in your inability to earn a living
Is There a Need to Register My De Facto Relationship?
Registration of a de facto relationship is not required for de facto breakup entitlements Australia.
Not all states and territories include provisions for registering de facto relationships in their state laws.
Question: What Are De Facto Breakup Entitlements Australia?
Answer: You may be able to receive de facto breakup entitlements Australia if you satisfy the criteria of being in a de facto relationship. The Family Court of Australia treats de facto partners the same way they do legally married couples.
Separation with de facto partners can be complicated to deal with. Seeking legal advice would help you negotiate a property settlement, prevent foreseeable disputes, and speed up the process.
Here at Justice Family Lawyers, we understand the complexities that surround amicable settlement in de facto breakup entitlements Australia. We provide the best possible legal advice and assistance by taking the time to understand your unique situation, provide guidance, and help you negotiate better.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.