ARTICLE - What is a de facto relationship?

The legal definition of a de facto relationship has now widened to encompass two people living in relationship, without ever having gone through a religious or civil marriage ceremony. In NSW, the law relating to de facto partners and same sex partners living in a relationship is now outlined in the Property (Relationships) Act 1984.

Property settlement
To be entitled to a property settlement, you must prove that you have lived together for a period of at least two years. If you have lived together for less than two years, you may be entitled to a property settlement if:

• there is a child of the relationship
• you care for a child of the other party
• you have made substantial contributions (financial or non-financial), and serous injustice would result if an order was not made.

In deciding upon an appropriate property settlement, a court will take into account the financial and non-financial contributions of each party. Examples of non-financial contributions include property renovation and answering the telephones for a business.

The court will also take into account the contributions of each partner as a homemaker and parent. The underlying principle is “what is fair in the circumstances”. Applications for property orders must be made to a Court within two years from the date of separation.

Child support
As with children of marriage, a custodial parent is entitled to apply to the Child Support Agency for child support for any children of the relationship.

Who will children live with?
The Family Law Act deals with matters involving children, irrespective of whether the parties were married or not. In deciding children’s issues, the “paramount consideration” is what is in the best interests of the child.

For couples who can make their own arrangements as to residence, contact and other issues, it is possible for such parents to enter into a Parenting Plan. For couples who cannot agree, it is possible to apply to a court for appropriate orders.

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Contact Kerrisons for more information relating to family law matters:
Phone 02 4655 7066 or email us today.