DE FACTO AND SAME SEX COUPLES

De Facto Relationships

Is your relationship a De Facto Relationship?

Opinions aside, would the Family Court of Australia or the Federal Circuit Court of Australia deem your relationship to be a De Facto Relationship?

You could be completely oblivious, from a legal perspective, that your relationship is actually a De Facto Relationship, since the threshold criteria contained in the Family Law Act 1975 is not common knowledge to the lay person (in reference to those outside of the legal profession).

The Court will consider several factors, since every relationship is unique. It is important, however, to determine whether or not your relationship is a De Facto Relationship, for distribution of each other’s personal items and possessions, such as:

• properties;
• monies in bank accounts;
• trusts;
• businesses;
• motor vehicles;
• furniture and effects;
• superannuation and so forth.

Same Sex Couples

If you are involved in a same-sex relationship and need legal assistance, we can assist you.

In 2009, the Family Law Act 1975 was amended to recognise couples in same-sex relationships as de facto partners.

At the end of a relationship, it is necessary for you and your ex-partner to divide up your assets and financial resources.  If you have reached an agreement with respect to the division of your assets, it is highly recommended to formally document it in the form of Consent Orders or alternatively as a Binding Financial Agreement.

If you and your ex-partner are unable to reach an agreement, contact us to discuss your options.

Time limits do apply, so it is important to start this process as soon as possible.

In relation to children, the law currently only recognises the birth mother (a woman who gives birth to a child) and birth father (a father listed on a child’s birth certificate) as the legal parents of a child.

The partners of a birth parent can apply to the Family Court for a parenting order as “other people significant to the care, welfare and development” of the child.

We can assist you with your application to the Court, as the birth parent or co-parent.