Australia has made significant progress in recognising the rights and entitlements of those in de facto relationships. A de facto relationship, according to the Family Law Act 1975, is a relationship between two people who live together on a genuine domestic basis, but who are not legally married or related by family. This applies to both opposite-sex and same-sex couples.
If you or someone you know is in a de facto relationship, it’s important to understand the associated legal rights and entitlements.
Understanding De Facto Relationships
The term “de facto” is Latin for “in fact” or “in reality”, which aptly describes these relationships. In other words, even without a formal marriage contract, couples who live together and share a life often have the same rights and responsibilities as married couples. This is where family law comes into play.
Legal Recognition of De Facto Relationships
In Australian law, de facto relationships are recognised and treated similarly to marriages. However, there are certain criteria that need to be satisfied to be considered a de facto relationship:
You and your partner are not legally married to each other.
You and your partner are not related by family.
You and your partner live together on a genuine domestic basis.
Several factors are considered when determining whether a relationship is “de facto”, including the length of the relationship, the nature and extent of shared residence, whether there is a sexual relationship, financial dependence or interdependence, ownership of property, care and support of children, and the reputation and public aspects of the relationship.
Rights and Entitlements
If a de facto relationship breaks down, the parties involved have certain rights under Australian family law. These rights primarily pertain to the division of property and the payment of spousal maintenance.
Division of Property
When a de facto relationship ends, property division follows a four-step process similar to that used in divorce proceedings:
Identify and value the assets and liabilities.
Assess the contributions (financial and non-financial) made by each party during the relationship.
Consider the future needs of each party.
Make a decision that is just and equitable for both parties.
Spousal Maintenance
There are circumstances in which one party in a de facto relationship may have to pay spousal maintenance to the other after separation, particularly if one party cannot adequately support themselves.
Seek Legal Advice
If you find yourself in a de facto relationship that is breaking down, or if you want to understand your rights better, seeking legal advice from reputable family law lawyers in Melbourne is essential. They can help you understand your legal position and guide you through what can often be a complex and challenging process.
Navigating the complex territory of de facto relationships can be challenging.
The recognition of these relationships under Australian law means that you have rights and entitlements that should be acknowledged and respected. If you ever find yourself unsure of your standing within such a relationship, do not hesitate to reach out to professionals for tailored advice. Remember, whether you’re married or in a de facto relationship, you’re entitled to fairness and equity under Australian law.
The post De Facto Relationships in Australian Family Law: Rights and Entitlements appeared first on Enterprise Podcast Network – EPN.
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