De Facto Relationships Court Orders

In Australia, the dissolution of a de facto relationship is governed by the Family Law Act 1975, which recognizes de facto couples similarly to married couples in many legal aspects. As per section 4AA of the Family Law Act, a person is in a de facto relationship with another person if: the persons are not legally married, the persons are not related by family, and having regard to all the circumstances of their relationship, they have a relationship as a couple living together on a genuine domestic basis.

If you are unclear whether yourrelationship would be considered de facto, there is further informationavailable in s4AA of the Family Law Act. However, the requirements are subjective and everyone’s circumstances are different. If you wish to know whetheryour relationship may be considered de facto, contact us for a discussion.

A de facto relationship is considered to have broken down irretrievably when one or both parties decide to end the relationship, evidenced by a separation period of at least 12 months. This separation can occur while still living together under the same roof under specific circumstances. Upon proving the breakdown, either party can apply tothe court for property settlements, financial orders, and parenting arrangements for any children of the relationship. The Federal Circuit and Family of Australia handles these matters, ensuring equitable outcomes for both parties involved in the de facto relationship.

We have extensive knowledge of de facto laws and will work with you to achieve an amicable outcome. We can review your current situation, inform you of your rights and responsibilities under the law, draft financial agreements and discuss alternative dispute resolution options.

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