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.
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.
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:
If the courts determine that you were in a de facto relationship**,** you may be entitled to your partner’s property. A claim can be made under the Australia Family Law Act if:
Speak to an experienced divorce lawyer today to find out more about de facto relationships.
Property can include:
A marriage separation lawyer can help you determine the types of property you are entitled to depending on your particular case.
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.
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.
Absolutely fantastic service. Highly recommend. The team at Melbourne Law Studio was very helpful and professional keeping me updated at all stages of the process providing the best of guidance and clarity in my personal matters. Demi was outstanding in the services provided from start to finish, very helpful and insightful with prompt responses to all my queries, making the whole process far less stressful. Thank you Ines, Demi and the team for helping me move on with my life. I would highly recommend Demi and the MLS team as a whole.
Melbourne Law Studio was a beacon of hope during a very challenging time in my life. The staff was empathetic, knowledgeable, and professional. They guided me through every step of my family law matter, providing clear explanations and support. I felt reassured knowing I had a strong team advocating for my rights. I am grateful for their hard work and commitment to achieving a fair outcome.
Going through a separation was one of the toughest experiences, but Melbourne Law Studio made it feel manageable. Even though it could get emotionally overwhelming, I could see a light at the end of the tunnel. Ines was patient, listened to all my concerns, and treated me with respect and kindness. She has a really easy demeanour about her and I felt like her and the team had my back every step of the way. I can’t thank MSL enough for their support.
After my separation, a friend suggested I reach out to Ines at MLS. From the start, she was not only professional but also genuinely supportive and open about the process, costs, and the likely outcomes. Her approach was in line with my goal of reaching a fair and amicable resolution. I’m really grateful for her kindness and attention to detail. Thank you
From the first call I felt like I was in the right hands with Melbourne Law Studio. They were friendly and made me feel heard. Ines and her team went above and beyond to make sure I understood all my options and helped develop a strategy to get the best result in what was a really messy parenting dispute. Their personal approach and genuine care made me feel like I was always welcome to call them and see what was happening or what was next, the waiting sometimes for the other side was hard so I’m truly grateful for that.
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