Who needs Marriage? What is a de-facto relationship?
A relationship between two adults, regardless of gender, who live together as a couple and are not married to one another or related by family.
How do you determine if 2 adults are in a de-facto relationship?
The following factors are relevant to a determination of whether a de-facto relationship exists:
- the duration of the relationship and if you live together
- whether or not a sexual relationship exists
- the degree of financial interdependence and mutual commitment
- the care and support of children, and public aspects of the relationship
Can we legally divide up Property?
De-Facto couples who need to divide property between them after the breakdown of their relationship either fall under state or federal law, depending on when they separated. It is important to obtain legal advice so that the proper considerations in your matter can be taken into account.
How is property divided up between de-facto couples?
The following matters are taken into account:
- The financial and non-financial contributions made by or on behalf of the parties to the acquisition, conservation or improvement of the property or financial resources of the parties
- the contributions made in the capacity of homemaker or parent
- future needs.
Are there time limits for bringing an application for division of assets?
Yes. Generally 2 years from separation, even if living together.
Can we make a Pre-Nuptial agreement?
Yes you can. However, there are conditions that need to be met and in certain circumstances these agreements may not be binding.
Can my partner and I enter into an agreement at the beginning or during our relationship which says what will happen to our assets if we separate?
Yes, if you meet certain legal requirements.