Our Services Include
Sign up to our newsletter
Defacto Issues
If you have been in a heterosexual or same sex relationship with another person, that relationship may be classified as a " defacto" or "domestic relationship" under the Property (Relationships) Act 1985. If the relationship has lasted more than 2 years, or if there are children, there may be rights to a property settlement under the Act.
Unitl recently, property settlement was determined under the Property (Relationships) Act. The property settlement provisions of this Act were narrower than under Family Law Act. After breakdown of a marriage, the Family Court puts all of the assets into a pool, then decides the appropriate percentage division. On the other hand, after a de facto relationship breaks down, the courts focused on the contibutions of the parties to the assets. This can have important implications as to how you bring the financial side of the relationship to an end.
However, recent changes mean that property settlement for de facto couples are now under the Family Law Act, and are dealt with by the same courts as for married couples.In effect, there is no difference between property settlement for married and de facto couples.
The family law team at Somerville Legal can provide you with expert and useful advice to assist you protect your financial interests prior to entering into de facto or domestic relationship to avoid any bitter property dispute in the event of the relationship breaking down.
If your relationship has broken down our family law team can advise you whether or not such relationship is one contemplated by the Act. If so, we can advise you of your legal rights, obligations and entitlements under the Act so as ensure that your financial relationship with your partner is ended in a fair and equitable manner.
Please contact Fiona Hoad or Joanna Baqleh