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.
Why Movement Legal?
Family law experts
Our lawyers are family lawyers 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.
What Our Clients Have to Say
Andrew:
I engaged Ezra and his team in 2024 for a very challenging and complex property settlement. From day one, Ezra was both professional and empathetic, and he maintained this rare combination throughout the entire process.
Ezra has a unique ability to connect with his clients and instil confidence that their case is being handled with the care and attention to detail it deserves.
I’m very happy with the outcome and would not hesitate to recommend Ezra for any legal matters.
Alf:
I recently engaged Movement Legal and found them to be prompt, their understanding and approach consistent and empathetic to what can be a highly emotional situation.
The logical approach to my situation ensured I knew what the outcomes would be and managed realistic outcomes. I was extremely impressed in the approach and would strongly suggest Ezra and the team.
Johanne:
Ezra was professional, polite, efficient, yet dilligent. He found a way to do things which was the most affordable I'd been offered without compromising the legality and thoroughness of the process. Personally, I was very happy with my experience, and if I ever have to use a lawyer again - oy! - I'll be going back to him.
Stephanie:
Ezra was a delight to work with - he was easygoing, straightforward and had good suggestions.
