What are my rights in a de facto relationship?

A de facto relationship is defined under the Family Law Act as a relationship between two individuals who live together in a domestic arrangement akin to marriage but are not married or related to each other.

De facto partners enjoy various legal rights, including property division and spousal maintenance upon separation, similar to married couples. Additionally, de facto partners can legally outline their financial obligations through Binding Financial Agreements. They can also seek Parenting Orders and child maintenance, provided they have fulfilled a parenting role, regardless of biological ties.

When seeking legal rights and entitlements associated with a de facto relationship, you may be required to provide proof of your relationship's status.

Time Duration: A significant factor is the duration of the relationship. A period of at least two years is typically necessary for the court to recognise a de facto relationship. However, exceptions apply, such as when there is a child from the relationship or one partner has made substantial financial or non-financial contributions.

Shared Life: Evidence of a shared life is crucial. This could include joint bank accounts, shared living expenses, joint ownership or rental agreements of property, or joint purchases, particularly of significant items like cars or houses.

Public Perception: Public perception of the relationship can also be a factor. This could be demonstrated through social media posts, shared holidays, or attending social events together. Testimonials from friends and family about the nature of your relationship can also be useful.

Intimacy: While private to the couple, the existence of a sexual relationship may also be relevant. However, the absence of a sexual relationship doesn’t necessarily mean you’re not in a de facto relationship.

Children: Having children together, or the shared responsibility for the care of children, provides strong evidence of a de facto relationship.

Financial Dependency: Financial aspects can also prove a de facto relationship. Evidence of shared financial resources, joint financial responsibilities, or financial support provided to one another can be used.

Commitment: Your commitment to each other can be demonstrated in several ways such as naming each other as beneficiaries in wills or insurance policies, granting power of attorney to one another, or making long-term plans as a couple.

The division of property following a de facto relationship breakdown is not a straightforward 50/50 split. The court considers all assets, liabilities, and resources and evaluates each party's contributions throughout the relationship, both financial and non-financial. The court also looks at future needs, such as caring for children, age, health, and the capacity to earn income.

De facto partners can enter into a Binding Financial Agreement (BFA), which outlines the division of property and spousal maintenance in the event of a relationship breakdown. A BFA provides some control over the outcome and can reduce potential future disputes.

Consent orders provide an amicable way to settle financial issues in a de facto relationship. However, it is necessary to prove that a genuine de facto relationship existed. Consent orders can be pursued ensuring fair outcomes by considering factors like financial contributions, future needs, and the practical implications of the proposed orders.

Spousal maintenance is the financial support that one partner may be obliged to provide the other following the breakdown of a de facto relationship. The right to claim this financial support isn't automatic - it depends on specific circumstances. A claim for spousal maintenance can be made if you can demonstrate that you're unable to meet your reasonable expenses and your ex-partner has the capacity to provide financial assistance. Factors such as your age, health, ability to work, what's a suitable standard of living, and who cares for your children, can influence the court's decision on spousal maintenance.

The welfare of children is paramount in any relationship, and this principle holds when a de facto relationship ends. Regardless of whether parents were married or in a de facto relationship, they have a legal obligation to support their children financially. Child support is designed to ensure the child's needs are met when parents separate. The amount of child support is typically determined using a formula that considers income, the percentage of care each parent provides, and the cost of raising children. Parents can agree on the child support between themselves, or it can be assessed, collected, and enforced by the Department of Human Services (Child Support).

Both spousal maintenance and child support can be complex areas of family law, with many factors coming into play. For this reason, seeking professional legal advice is highly recommended to ensure your rights and obligations are clearly understood and protected.

Given the complex nature of de facto relationships and associated rights, it's crucial to seek legal advice, preferably from a professional well-versed in family law. They can help clarify your rights, guide you through potential disputes, and ensure you make informed decisions.

Our experienced family lawyers at MJ Legal are ready to assist you through these challenges with empathy, support, and comprehensive legal expertise. Contact us today to schedule a consultation and let us help navigate your path towards clarity and peace of mind.