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

How is a de facto relationship defined by law?

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.

How long must a de facto relationship last for it to be considered as such by the Court?

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.

What types of property can be settled in a de facto relationship settlement?

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.

How is superannuation handled in a de facto property settlement?

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.

How do I start the process for a de facto relationship property settlement?

Initiating the process is simple. Reach out to us through our contact form or by giving us a call. We aim to respond within one hour during business hours. Following this, we'll schedule a brief 5 to 20-minute conversation to better understand your situation, goals, and how we can assist. If we determine that we can help, we'll arrange an initial consultation and guide you through the process and expectations for the best possible outcome.

Will I receive regular updates about my case?

At Movement Legal, clear communication is a core value. We will keep you informed as your case progresses and promptly respond to any emails or calls you send our way.

Is an in-person meeting necessary?

No, there's no need for an in-person meeting. We are fully equipped to conduct meetings through digital platforms like phone, WhatsApp, Zoom, or Google Meet for your convenience.

Family Law Services

Why Movement Legal?

Family law specialists

Our lawyers are family law specialists, and deal with these and related legal issues daily.

We can help you with any aspect of family law - including advice around divorce and separation, child custody, property and financial arrangements, financial agreements, and more.

Fast turn around times

We will come back to you promptly with clear directions as to how we can help you and your matter. We prioritise communication with our clients to bring maximum efficiency into play.

Cost Certainty

We provide our clients with certainty and transparency on our legal fees. Wherever we can, we will quote you a fixed fee, rather than charging you by the hour.