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