Defacto Relationships
Defacto relationships are dealt with in the same manner as married ones when it comes to property settlements at the breakdown of a relationship.
The property and assets will be divided by the Courts in the manner following the Family Law Act 1975. In other words, when a defacto couple comes before the courts to have entitlements to the property determined, the court does not differ between married and defacto relationships.
How does the Court define a ‘defacto relationship’?
Defacto relationships are defined by The Family Law Act 1975 section 4AA, as being two people who are not legally married to each other and have a relationship as a couple living other on a genuine domestic basis.
How long does someone have to live with their partner before it is considered “defacto”?
Generally a defacto relationship has to have continued for at least 2 years for their property settlement to be subject to the Family Courts.
Can a defacto relationship occur if one party is also married?
Even when one party to a defacto relationship is married, they can still be legally understood to also be in a defacto relationship. Similarly a person can be in multiple defacto relationships at the same time.
Defacto Relationship FAQs
A de facto relationship is defined by "The Family Law Act 1975" section 4AA as two individuals who are not legally married but are living together as a couple on a genuine domestic basis. When it comes to property settlements, the law treats de facto relationships similarly to marriages.
Typically, a de facto relationship must have persisted for at least 2 years for its property settlement to fall under the jurisdiction of the Family Courts.
In a de facto relationship property dispute, the term 'property' encompasses a wide range of assets and liabilities, including:
- Real estate, whether used for residence or investment
- Financial resources, such as bank savings or collectibles
- Motor vehicles
- Household items and personal effects
- Superannuation
- Shares
- Interests in partnerships
- Trust assets
- Long service leave entitlements
- And other assets
At Movement Legal, our experienced family lawyers can help you identify, value, negotiate, and represent your interests in court, if necessary.
Superannuation can be part of a de facto property settlement, but the process can be intricate. The court may order one party to transfer a portion of their superannuation to the other party or specify a particular division method. Importantly, superannuation can only be included if it's considered property. If it's held in a self-managed superannuation fund (SMSF), additional considerations may apply.
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