What Are The Legal Rights In A De Facto Relationship In Australia?

April 12, 2021    Familylawyers
What Are The Legal Rights In A De Facto Relationship In Australia?

In Australia, individuals who are in a De Facto relationship will have the same legal rights just like the married couples. This gets applied during the division and maintenance of a property. But what exactly is a de facto relationship? Well, It’s a type of relationship where same-sex or opposite-sex couples live together on a genuine domestic basis. This particular relationship falls under the Family Law Act of 1975. But the De Facto relationship is also defined when the individuals are not legally married and are not related. To gain more insights on the de facto lawyer Perth talking to a professional lawyer about it will be a good choice

What Exactly Constitutes A Genuine Domestic Basis?

Things that constitute the genuine domestic basis depends entirely on the separate situations of each couple. But according to Family Law Act, given below are some of the things to consider. Check below!

  • The public aspects and reputation of the relationship.
  • How long is the relationship, and whether or not it’s of sexual nature?
  • The level of financial independence or dependence exists between the couple.
  • Whether or not you and your partner have joint assets.
  • The support and care for children or child.
  • To what extent is the joint assurance of a shared life for you.

Will It Be A De Facto Relationship If The Couple Doesn’t Live Together?

The Australian Family Court has recognized that individuals who are married to someone else can be in a De Facto relationship. Even when the parties have their place and live there for at least two to three weeks, it will be pictured as a de facto relationship. The Family Court will check all the situations. This includes the statements that were made by the couple to the government authority for social security. The court will also take a look at the situations when you take loans from lenders and many other things. 

The Process Of Registering As A De Facto Couple

In Australia, adults who are in a de facto relationship, regardless of gender are eligible to register as de factor couple. To apply for the registration, one of the couples is required to be from Australia. Your relationship will not get registered if you are married, related to each other by family and below 18 years. 

There is no need for you and your partner to live together when it comes to registering the relationship. Also, you need to lodge a statutory declaration along with the application. Once the relationship gets registered, you will receive a certificate. This is similar to a marriage certification. 

You can learn more about the relationship registration from the Family Lawyer as they are the right people to talk to about such matters. They will provide you with insights, tips and advice when it comes to registering your relationship.

Are You Entitled To Maintenance?

When you cannot support yourself, you can apply for maintenance through your de facto partner. Whether or not such applications are successful will depend entirely on your former partner’s ability to pay. There are several considerations, which are to be made on such matters. 

  • When the relationship has impacted your ability to earn an income.
  • Your age.
  • A suitable standard of living.
  • Your financial resources, properties and income.
  • Until your significant other has the power to pay up your maintenance you cannot support yourself, the partner will not be eligible to pay for the maintenance.

Rights To Court Orders

In Australia, when you are in a De Facto relationship and wish to resolve disputes related to property or children, it’s advised that you apply at the Family Court of Western Australia. But for other Australian territories and states, you can easily apply at the Federal Circuit Court or the Family Court with no issues. This indicates that all your matters will be determined by the court in the same way as the married couples.

How Will The Family Lawyers Help?

When you do not have much information or knowledge about family law, you will need help from professionals. Understanding the areas of family law is pretty complex. For such reasons, consulting with a professional family lawyer will be the right thing for you to do. They will tell all the areas of the De Facto relationship, your legal rights and many other things. The lawyers also possess the power to provide insights on family law.

Parting Words

Many people in Australia are currently in a De Facto relationship. If you are interested to register your De Facto relationship, you can do so, but first, you need to provide some information to become eligible for it. You can also call the professional lawyers to give you a helping hand and enable you to learn more about the De Facto relationships.

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