Get Married Or Go De Facto? Explaining The Differences In The Eye Of The Law

What is a de facto relationship?

A de facto relationship as defined by law is one in which the parties never officially married in accordance with the Family Law Act 1975. Rather, the couple made the personal decision to cohabitate, or have children, or combine their finances, in an ongoing dedicated domestic partnership. Up until the recent changes in the law on March 1, 2009, these couples did not have access to the Family Court system in the event that the relationship was dissolved and financial or child custody issues presented themselves as unresolvable.

The court will now look at three possible categories when intervening to assist in the dissolution of a relationship. If the relationship falls into one of these three categories, the couple is eligible for assistance from the Family Court system in an effort to amicably resolving their financial and/or child custody issues.

married in a registered relationship - opposite sex or same sex

in a De Facto relationship - opposite sex or same sex

From March 1, 2009 all of the above relationship statuses allow for Family Court intervention. MARCH 2009

1 However, before the court will intervene the relationship must satisfy all of the following criteria:

you were in a genuine de facto relationship with your former partner which has broken down

you meet one of the following four gateway criteriaa. That the period for the de facto relationship is at least 2 yearsb. That there is a child in the de facto relationshipc. That the relationship is or was registered under a prescribed law of a State or Territoryd. When assessing property or custodial claims in cases of a breakdown of a relationship, it is recognized that significant contributions were being made by one party and the failure to issue an order would result in a serious injustice

you have a geographical connection to a participating jurisdiction

your relationship broke down after 1 March 2009 (or after 1 July 2010 if you have a geographi-cal connection to South Australia only); although you may be able to apply to the courts if your relationship broke down prior to the date applicable to your state.

In the instance that the couple cannot come to an agreement as to the nature of their relation-ship, the court will consider several factors in assisting in making the determination. Some of the factors that the court will take into consideration include:

Social Relationships Nature of Your Household

Sexual Relationships

$$

Finance

Nature of the commitment

As the law has developed over the years the apparent trend is to give all couples, married, registered, or De Facto, access to the expediency and the benefits of the Family Court system.

Therefore, it is important that all couples carefully consider the nature of their domestic arrangements when planning their future financial and familial commitments to one another.

At Owen Hodge Lawyers, we are always happy to assist clients in understanding their rights and liabilities within a relationship.

If you require any further advise or seek help in a separation, please feel free to call us at your earliest convenience to schedule a consultation at 1800 780 770.

CONTACT US NOW

Get Married Or Go De Facto? Explaining The Differences In The Eye Of The Law

What is a de facto relationship?

A de facto relationship as defined by law is one in which the parties never officially married in accordance with the Family Law Act 1975. Rather, the couple made the personal decision to cohabitate, or have children, or combine their finances, in an ongoing dedicated domestic partnership. Up until the recent changes in the law on March 1, 2009, these couples did not have access to the Family Court system in the event that the relationship was dissolved and financial or child custody issues presented themselves as unresolvable.

The court will now look at three possible categories when intervening to assist in the dissolution of a relationship. If the relationship falls into one of these three categories, the couple is eligible for assistance from the Family Court system in an effort to amicably resolving their financial and/or child custody issues.

married in a registered relationship - opposite sex or same sex

in a De Facto relationship - opposite sex or same sex

From March 1, 2009 all of the above relationship statuses allow for Family Court intervention. MARCH 2009

1 However, before the court will intervene the relationship must satisfy all of the following criteria:

you were in a genuine de facto relationship with your former partner which has broken down

you meet one of the following four gateway criteriaa. That the period for the de facto relationship is at least 2 yearsb. That there is a child in the de facto relationshipc. That the relationship is or was registered under a prescribed law of a State or Territoryd. When assessing property or custodial claims in cases of a breakdown of a relationship, it is recognized that significant contributions were being made by one party and the failure to issue an order would result in a serious injustice

you have a geographical connection to a participating jurisdiction

your relationship broke down after 1 March 2009 (or after 1 July 2010 if you have a geographi-cal connection to South Australia only); although you may be able to apply to the courts if your relationship broke down prior to the date applicable to your state.

In the instance that the couple cannot come to an agreement as to the nature of their relation-ship, the court will consider several factors in assisting in making the determination. Some of the factors that the court will take into consideration include:

Social Relationships Nature of Your Household

Sexual Relationships

$$

Finance

Nature of the commitment

As the law has developed over the years the apparent trend is to give all couples, married, registered, or De Facto, access to the expediency and the benefits of the Family Court system.

Therefore, it is important that all couples carefully consider the nature of their domestic arrangements when planning their future financial and familial commitments to one another.

At Owen Hodge Lawyers, we are always happy to assist clients in understanding their rights and liabilities within a relationship.

If you require any further advise or seek help in a separation, please feel free to call us at your earliest convenience to schedule a consultation at 1800 780 770.

CONTACT US NOW