De Facto Law Lawyers Perth

De Facto Relationships

A de facto relationship is defined as a relationship between two people of the same or opposite gender who are not married or otherwise related. When determining whether a de facto relationship the Court will have regard to various criteria such as:

• The duration of the relationship;
• Whether the parties have a romantic or sexual relationship;
• The degree of mutual commitment to a shared life;
• Whether the parties live together or have a common residence;
• How the parties deal with their finances;
• Do the parties have any children;
• Whether the relationship was registered; and
• Do friends and family members consider that they are in a relationship.

The law permits a person who is in a married relationship with another person of either gender to be in a de facto relationship with a third individual. Generally, you must be in a de facto relationship for two years with the same person in order to be given the same legal rights as a married couple. However, if there are children of the relationship or one party has made a substantial contributions to the relationship, this rule may be waived. Any legal dispute concerning children, separation, and property division is governed by the Family Court Act 1997 (WA). Please contact our experienced team of Family Lawyer to discuss any concerns you may have regarding your de facto relationship.

Legal Rights And Responsibilities of De Facto Partners

In the unfortunate event that your de facto relationship comes to an end, it is important that you are fully aware of your rights under Australian Law. We understand that the end of a relationship is a difficult and stressful time. We can assist you in making sure that you are well protected after your separation and help prevent future legal proceedings.

Disputes concerning Children And Property Settlement

Each relationship is unique and the Court will consider each case separately based on the unique circumstances of each relationship. However, the Court will follow a general process in de facto matters. Firstly, the court will determine whether you are eligible for de facto relationship property rights by considering factors such as:

• Whether you are married;
• The time you have been together in the relationship;
• Did sexual relations occur in the relationship;
• Economic reliance of the parties;
• The extent of commitment to a mutually shared life;
• Whether your relationship is registered or formalised by any institutions;
• Use and ownerships of property;
• Best interest of the children if any; and
• Public aspects of the relationship.

You can be in a de-facto relationship with more than one person at the same time.

Settlement Of Property Rights

De facto couples can make an application to the Family Court under the Family Court Act regarding property settlement if they cannot reach an agreement. The Family Court will consider the assets owned by each of the partners at the commencement of the relationship, the total value of the current assets, the contributions made by each person during the relationship and their future needs including childcare, earning capabilities and access to financial resources.

Rights And Responsibilities With Children

Under Family Law, children born to or adopted by de facto couples are recognised as children of both parents. The best interest of the children will prevail in determining the child’s care arrangements. This can include where the child resides, which parent has the care of the child and at what times, and arrangements for communicating with the child. Unless there are exceptional circumstances, both parents are responsible for the care and financial support of the child. It is important to also consider your rights and obligations in regards to child support.