Understanding your legal rights and obligations in de facto relationships - property, separation, and financial matters in Melbourne
Under Australian law, a de facto relationship is defined as a relationship between two people who live together on a genuine domestic basis but are not married to each other. De facto couples in Victoria have similar rights to married couples when it comes to property settlement, financial matters, and parenting arrangements.
The Family Law Act 1975 provides legal recognition and protection for de facto relationships, allowing couples to access the family law courts for property settlements and parenting orders upon separation. Understanding these rights is crucial for protecting your interests during and after a de facto relationship.
Courts consider various factors when determining whether a de facto relationship exists:
The length of time you have lived together (typically at least 2 years for property claims)
Whether you share a common residence and domestic arrangements
Whether a sexual relationship exists between the parties
The degree of financial interdependence and support arrangements
How property is owned, used, and acquired during the relationship
The degree of mutual commitment to a shared life and care of children
Whether the relationship is publicly acknowledged
You must apply for property settlement or spousal maintenance within 2 years of separation. Missing this deadline may result in losing your rights to make a claim.
The process for property settlement in de facto relationships follows the same four-step approach as divorce:
List all assets, liabilities, and financial resources of both parties
Evaluate financial and non-financial contributions made by each party
Account for factors like earning capacity, health, and care of children
Confirm the proposed division is fair in all circumstances
Connect with experienced de facto relationship lawyers in Melbourne who understand your rights
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