DEFACTO PROPERTY SETTLEMENTS

Written by Nanki Kaur

What is a defacto relationship?

Under section 4AA of the Family Law Act, a person is considered to be in a defacto relationship with another person if:

1. They are not legally married to each other; and

2. They are not related by family; and

3. They have a relationship as a couple living together on a “genuine domestic basis”.

CONDITIONS OF A DEFACTO PROPERTY SETTLEMENT

A defacto couple can seek a property settlement if:

1. They have lived in a defacto relationship for at least 2 years; or

2. Have a child from the relationship; or

3. It would be unfair not to recognise one party’s financial or non-financial contributions.

TIME LIMIT

An application for property settlement for a defacto relationship is to be filed within 2 years after the date of separation.

DETERMIING A FAIR SETTLEMENT

The Court can determine how property is divided between separated parties in a marriage or defacto relationship.

The Court will apply the following principles of the Family Law Act:

• What are the current value of the assets, liabilities and superannuation of the parties to the relationship;

• Whether there were any financial and non-financial contributions made by the parties during the relationship;

• What are the future needs of the parties including but not limited to their future obligations, income earning capacity and the cost of care for any children; and

• Determine whether the Orders proposed are just and equitable.

For a fixed cost no obligation initial appointment to discuss your specific situation, call us on (03) 9311 8911.