People in defacto relationships have the right to seek a
property settlement upon the breakdown of their
relationship.
Generally speaking a person who has been living with another
person in a genuine domestic relationship for 2 years will
be able to make a claim for property settlement.
There are exceptions to the requirement of cohabitation for
2 years. If a person has lived with another person in a
genuine domestic relationship (even if that was for less
than 2 years) that person can apply for a property
settlement if:
1. there is a child of their relationship; or
2. the person has made a significant contribution to the
property of the other party and failure to make an order
adjusting the property in favour of them would result in a
serious injustice; or
3. the relationship has been registered under the law of the
State (if the couple separated after March 2009) the claim
can be made under the Family Law Act .
Even if the above does not apply, there may be other
circumstances that apply which enable a person to seek a
property settlement under the Property Law Act or at common
law.
As to "what is a defacto relationship " the factors which
might be taken into account include whether there has been a
sexual relationship, merging of funds, a recognition of the
couple by others as in a genuine domestic relationship, a
life lived with a community of purpose and other factors. It
largely depends on the facts of each case.
Any court application must be made within 2 years of the
separation.
If a couple separated after March 2009 there may also be a
claim for spouse maintenance.
Any person in an existing defacto relationship or intending
to enter one should consider obtaining advice about the
force and effect of a financial agreement on their future
estate planning.
WHERE TO NOW?
If you would like to speak with an expert to discuss your
family law issue, please call us on (07) 3007 9898 or send
us an email at
enquiry@murdochs.com.au