Frequently Asked Questions: De Facto Separations, VIC

separation lawyer

A relationship is considered ‘de facto’ when it involves two people who are not married but live together on a domestic basis. Although an individual does not have to go through a legal process to end such a relationship, they may be entitled to property rights and child support if they meet certain requirements. Contact Melbourne Law Studio today to speak with an experienced separation lawyer about de facto separations and divorce in Victoria.

What is a De Facto Relationship?

According to Section 4AA of the Family Law Act 1975, two individuals of the same or opposite sex who have been living together as a couple on a genuine domestic basis are considered to be in a de facto relationship. This definition does not extend to couples who were legally married or those who are related by family.

What is a Genuine Domestic Basis?

Although there is no formal definition of what counts as genuine domestic basis, Australian courts are well-equipped to consider cases and determine whether a couple were living together on a genuine domestic basis if:

  • You lived together for a significant period of time
  • You shared finances or if one partner was financially dependent on the other
  • If you share children or childcare arrangements
  • Whether there was personal intimacy
  • Whether the relationship was perceived as one by people close to you and your partner

What Happens When a De Facto Relationship Ends?

If the courts determine that you were in a de facto relationshipyou may be entitled to your partner’s property. A claim can be made under the Australia Family Law Act if:

  • The relationship is registered
  • The couple lived together on a genuine domestic basis for at least two years
  • The couple share children
  • The couple have reached a property settlement agreement

Speak to an experienced divorce lawyer today to find out more about de facto relationships.

What Types of Property Are Included?

Property can include:

  • bank accounts
  • shares and other investments
  • business assets
  • personal property
  • debts
  • superannuation
  • real estate

marriage separation lawyer can help you determine the types of property you are entitled to depending on your particular case.

How Does Having Children Affect De Facto Entitlements?

Couples who have children together do not need to meet the two-year time requirement for living together. In such cases, you may be entitled to child support and spousal maintenance.

Separation Lawyer For De Facto and Marriage Separation, VIC

Whether you are in a marriage or de facto relationship, it is important to know your legal rights in the event of a separation. Contact Melbourne Law Studio today if you have any questions related to marriage separation and divorce in Victoria.

Recent Posts