A de facto relationship is defined as two people who are in a relationship which is based on intimacy, trust, and a personal commitment to one another, which also includes same sex or heterosexual partnerships. Furthermore, de facto spouses must also live, or have been living together as a couple to be legally recognised.
In the event that a de facto relationship has come to an end, a party in the de facto relationship may apply for an Order to the Court adjusting any property interests if:
(a) the de facto couple have lived together in a de facto relationship for at least two years
or
(b) there is a child under the age of 18 resulting from the de facto partnership
or
i) the de facto spouse applying for the Order made substantial financial resources and property contributions to both the de facto spouse, and the welfare of the family
ii) failure to make the Order would result in a serious injustice to the de facto spouse.
If a person who was formerly involved in a de facto relationship, wishes to make a Property Settlement Application, they must do so within two years after the day the de facto relationship came to an end.
Agreements can also be created between the parties to a de facto relationship either before, during, or after, the de facto relationship has come to an end, and for any agreements to be valid, it must conform to the requirements set out in the Property Law Act.
Our experienced lawyers can provide you with the appropriate advice and assistance that you are seeking in order to uphold your rights and entitlements.