De facto relationships happen all the time, especially for couples who don’t believe in marriage or who can’t get married because of legal reasons. There can be some complications if the relationship suddenly ended even after many years together. It’s difficult to divide your assets because you don’t legally own everything together. Here are some tips to handle it properly and fight for your rights.
What Is a De Facto Relationship?
A relationship is considered de facto if it involves two people not related by blood and who aren’t married but are living together domestically. It can be between two people of the opposite sex, or the same sex. To determine the validity of the relationship, the Commonwealth law considers the following factors:
- nature of their shared residence
- length of the relationship
- mutual commitment of living together
- presence of a sexual relationship
- having children to support and take care of
- ownership or acquisition of properties
- degree of monetary interdependence or dependence
- registry of the relationship to a Territory or State
- public reputation of the relationship
For the division of properties, de facto couples can now qualify for legal actions on the principles under the Family Law Act 1975. It’s best to work with a credible family lawyer in Brisbane who specialises in handling de facto cases, for your peace of mind. You can apply for a property settlement if you can qualify for any of these conditions:
- If the total period of your de facto relationship lasted for two years or more
- If there’s a child involved
- If the relationship is registered in a Territory or State
- If one person from the relationship made a substantial contribution (financial or not) to the property
Keep these tips in mind to handle the separation legally. Fight for your rights and hire legal help, if necessary.