What are de facto relationships? by Aussiedivorce
A de facto relationship is defined in Section 4AA of theFamily Law Act 1975. The law requires that you and your former partner, who may be of the same or opposite sex, had a relationship as a couple living together on a genuine domestic basis. However, your relationship is not a de facto relationship if you were legally married to one another or if you are related by family.
Can I apply to the Family Court or Federal Magistrates Court to have my de facto dispute determined if it's about my children?
Yes. The Family Court and the Federal Magistrates Court deal with issues related to the children of de facto relationships in the same way as the children of married couples. For more information, see the Children's Matterssection of this website.
Can I apply to the Family Court or Federal Magistrates Court to have my de facto financial dispute determined?
Yes. From 1 March 2009, parties to an eligible de facto relationship which has broken down can apply to the Family Court or the Federal Magistrates Court to have financial matters determined in the same way as married couples.
You must apply for de facto financial orders within two years of the breakdown of your relationship. After this time you need the Court's permission to apply.
Examples of financial matters include the adjustment of property interests or maintenance of a party to the de facto relationship.
Before the Court can determine your financial dispute, you must satisfy the Court of all of the following:
1. you were in a genuine de facto relationship with your former partner which has broken down
2. you meet one of four gateway criteria
3. you have a geographical connection to a participating jurisdiction
4. your relationship broke down after 1 March 2009 (or after 1 July 2010 if you have a geographical 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.
You should obtain legal advice about whether your circumstances satisfy the criteria before filing an application.
At Aussie Divorce we have family lawyers who can advise you on all De facto Relationships matters. family lawyers Sydney, family lawyers Brisbane
Article Source: What are de facto relationships?