What Is A De Facto Relationship?
The definition of what constitutes a de facto relationship is varied and differs from state to state. However most states will legally recognise your relationship if you and your partner:
- Are both over the age of 18
- Live together as a couple for a qualifying period
- Are not married or related by family
What Are My Legal Rights As A De Factor Partner?
As a de facto partner, your legal rights are not comprehensively covered by Commonwealth Law as they would be if you were married.
Your rights in some areas of the law will be similar as you were married, these include the right to:
- Property Settlement on the breakdown of a relationship;
- Maintenance
- Claim under a deceased partner's will.
Property Settlement And Termination Agreement
If you agree with your de facto partner on issues of property you can enter into a Termination Agreement.
What Is A Termination Agreement?
A termination agreement will outline all of the property arrangements that you and your de facto partner have agreed to, including matters about the division of property and superannuation.
In order for this agreement to be legally binding it requires both you and your former partner to receive independent legal advice.
Property Disputes Between De Facto Partners
Property disputes between de facto partners are covered by state legislation. Every state and territory in Australia has specific de facto legislation in place to address the disputes that may result from the breakdown of a de facto relationship, specifically in relation to property.
As this area of the law is not 'black and white' it is highly recommended that you seek legal advice in your State of residence.
To find a lawyer near you
click here.
De Facto Relationships And Children
De facto parents have the same legal rights and responsibilities regarding children as that of married parents and are covered by the Family Law Act.
To read more about children and the law
click here.
Am I Entitled to Child Support?
Irrespective of marriage, both parents have financial responsibility for their children. The parent who has day to day care of the children is usually entitled to child support (under the Child Support (Assessment) Act) from the other parent.
Can I Claim Government Assistance For My De Facto Relationship?
Yes, de facto parents have the same rights to social security benefits as legally married parents.
To find out more about qualification for a Commonwealth benefit visit the
Centrelink website.
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