De Facto Separation

In society today, it is becoming more common for couples to remain in long term relationships without marrying, while still entering into traditionally marital transactions such as purchasing property or having children together. Unlike other countries, if you are in a de facto relationship in Australia you generally have the same rights as a married couple after separation. Our family lawyers in Cairns can help you understand what these are. 

What is a de facto relationship? 

Under the Family Law Act, a person is in a de facto relationship with another person if:

• the persons are not legally married to each other; and
• the persons are not related by family; and
• having regard to all the circumstances of their relationship, they have a relationship as a couple who are living together on a “genuine domestic basis”

The Family Law Court may consider other factors when determining if a couple is in a de facto relationship, such as:

• the length of time the couple has been together (including any periods of separation);
• whether or not there was the existence of a sexual relationship;
• whether or not the couple were residing together;
• the financial dependency of the parties; and
• how the relationship was perceived by the family and friends of the couple.

What should I do if I have separated from my de facto partner?

If you have recently ended, or are thinking of ending a de facto relationship, you should speak to a family lawyer as early as possible. As with a property settlement after marriage, there are various factors that will determine the outcome, so getting the right advice from a family law expert can help you understand what your entitlements and obligations are. 

If you are unsure whether you are in a de facto relationship, speak to a family lawyer at Cairns Divorce Lawyers today.