At Damien Greer Lawyers, we have extensive experience in managing the legal aspects of a relationship breakdown, whether it is a marriage or a common-law relationship. For advice after a relationship collapses, call our team today at 3837 5500. For those who wish to retain control of their assets when establishing a de facto relationship, binding financial arrangements can also be prepared either at the beginning of the relationship, or during the relationship or after the separation, to determine what should be distributed and how the property should be split. These agreements are akin to “pre-nup” agreements and are de facto available to heterosexual and same-sex partners. Click here to learn more about binding financial agreements. A de facto relationship under the Family Act 1975 is defined as a relationship between two persons (who are not legally married or related to the family) who, given all the circumstances of their relationship, lived together on a real domestic basis. In 2009, in Australia, changes were made to de facto litigation by the state courts and within Confederation. They are treated with many of the same rules as divorces. So, essentially, couples in a prenupe before starting their relationship de facto or getting married. A similar type of agreement, which defines how assets and liabilities must be split when a relationship breaks down, can be concluded at any stage of the marriage/relationship, and even after the end of the relationship. A de facto relationship is defined in Section 4AA of the Family Law Act 1975. The law requires that you and your former partner, who may have the same or opposite sex, have had a relationship as a couple living together on a genuine domestic basis.
However, your relationship is not a de facto relationship if you have been legally married or if you are a parent according to your family. If both parties to the relationship agree that they want to marry, it is possible that the agreement will be drafted both under s 90UB (in Consideration of a Common Relationship) and under s 90B (in contemplation of marriage). In this way, you do not need to make a second visit to your lawyer and go back through the trial, unless you have acquired significant assets or there has been a significant change in circumstances and you agree to terminate the contract or change its terms. You must de facto apply for financial orders within two years of the breakdown of your relationship. After this period, you will need permission from the Court of Justice to apply. If two people are considering a de facto relationship and enter into a written agreement on the distribution of all of their assets or financial resources after separation, they have entered into a financial agreement.