Question 1

What is a de facto relationship?

Accepted Answer

In de facto relationships a couple lives together on a genuine domestic basis. This couple can be of the same or opposite sex. Your relationship will not be considered de facto if you are married or the couple belongs to the same family.

Question 2

How to register a de facto relationship in QLD?

Accepted Answer

If you are thinking of registering your de facto relationship you should go to your state’s registry of births, deaths and marriages. You will get a certificate from them, that certificate is proof that you are in a de facto relationship. nnThis certificate will generate your rights for property division. If you have this certificate you will not have two years of relationship before applying for property settlement.

Question 3

What does the court consider in a de facto relationship?

Accepted Answer

The court has fixed some factors to know whether the couple is in or were de facto relationships. Those factors are:nn1. None of the couples is or were marriedn2. When did they start the relationship?n3. Was this relation sexual?n4. Financial conditionn5. Did they register their relationship?n6. Who owned the property?n7. What was their contribution to caring for the child?n8. What was the public reputation of their relation?

Question 4

How to make the application to the court?

Accepted Answer

You can resolve your property or child issues by applying to the court. If you are in Western Australia then you can apply to the Family Court of Western Australia. If you are in any other state apply in Family court or Federal Circuit Court. nnTo apply in any court you should first meet the definition of a de facto relationship. You must be in a two years relationship or you should have a child. nnAfter your application is accepted then your case will be treated similarly to a married couple.

Question 5

What are the basic criteria of a de facto relationship?

Accepted Answer

If you want to be in a de facto relationship, you should be at least 18 years old. You should not be married, your relationship should be genuine and both people should live together.

Question 6

Are there different rules for same-sex de facto couples?

Accepted Answer

Not at all, under Australian law, all kinds of de facto couples are treated equally. Either it is about the child or the property.

Question 7

What is the time limit to apply for a property settlement?

Accepted Answer

You have got 2 years from the date of separation to apply for a property settlement. If you get late you can ask the court’s permission to apply but you will have to give a valid reason for your delay.

Tag: De Facto Relationship in Australian law

De Facto Relationship in Australian Law

Get in touch today!