Question 1

When does the Act Apply to De Facto Relationships?

Accepted Answer

The Act does not apply to all de facto relationships. Once a de facto relationship has been established it is also necessary to establish one of the grounds in the Act that deals with when the Act applies to a de facto relationship. A Court can only make an order under the Act or a Court may only make a declaration in relation to a de facto relationship only if the Court is satisfied

Question 2

In which States and Territories do the De Facto Law Apply?

Accepted Answer

The laws apply to couples whose de facto relationship has a geographical connection with New South Wales, Victoria, Queensland, South Australia, Tasmania, the Australian Capital Territory, the Northern Territory, Norfolk Island, Christmas Island, or the Cocos (Keeling) Islands. Where orders are sought in the Family Law Courts, the laws will apply if the couple were ordinarily resident in one of those States or Territories when their de facto relationship broke down.

Question 3

What if you Don’t want to be covered by these de facto Laws?

Accepted Answer

It is possible for a couple to make it clear that they do not want the laws to apply to their relationship. Couples can make an agreement about how they will distribute their property and maintain each other if their relationship was to break down. These are called binding financial agreements and can only be entered into after both parties have obtained independent legal advice. Binding financial agreements can be made before entering into a relationship or during a relationship.

Question 4

How will the Courts Decide how the Property should be Divided?

Accepted Answer

When deciding how your property will be fairly and justly divided, the Family Court will consider:nn■ What each of you owned before the relationship. How relevant this is will depend on both the length of the relationship and the contributions each person made to the upkeep and improvement of any assets brought into the relationship.nn■ The net value of your current assets – this includes the value of any property such as houses, shares, boats, caravans, or superannuation.nn■ Contributions made by each person over the course of the relationship. This includes:nn■ Direct financial contributions (for example wages, payments for properties, or improvements to properties)nn■ Indirect financial contributions (for example gifts, inheritances from relatives, or payment of household expenses)nn■ Non-Financial contributions (such as do-it-yourself renovations and contributions to the welfare of the family, caring for children, or domestic tasks).nn■ Your future needs, including considerations such as who will have the care of any children, your relative earning capacities, and any financial resources available to either of you.nnOnce the Court has decided what proportion of the assets should be given to each party, it can make orders about how this is to occur. For example, the Court may order:nn■ That asset such as the family home be sold and divided in a particular manner;nn■ That the ownership of assets be transferred into one person’s name;nn■ That ongoing maintenance be paid; and/ornn■ That superannuation funds be split

Question 5

How to Make an Agreement with my Partner?

Accepted Answer

Many couples are able to come to an agreement about how their assets are to be divided without needing to ask the Court to decide. If you are able to do this, it is a good idea to speak to a lawyer about the possibility of registering your agreement with the Family Courts in the form of Consent Orders.nnThis will mean that neither you nor your ex-partner can change your mind at a later date and ask for more of the assets. Consent Orders usually mean that you are exempted from paying stamp duty if any properties are sold or transferred.

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Family Law & De Facto Relationships

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