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Caldwell Martin Cox Solicitors : Family Law : Defacto Relationships
Defacto and Other Domestic Relationships
The NSW Property (Relationships) Act gives rights to defacto partners and people in close personal relationships.
In some circumstances these rights may be the same as if you and your partner were in a marital relationship and may include the right to:-
- Enter into a financial agreement in relation to property and maintenance;
- A property settlement in the event of separation;
- Make a claim under the Family Provision Act;
- Make a claim under the Wills, Probate and Administration Act to administer the intestate estate of your deceased partner;
- Entitlements under the Commonwealth Social Security Act.
The law will recognise your relationship if you and your partner:-
- Have lived together in a defacto relationship (either opposite sex or same sex relationship) for two (2) years or more;
- Have a close personal relationship (other than marriage or defacto relationship) which exists between two adult persons where one or the other provides domestic support to the other for no financial reward or other benefit.
Your Right to a Property Settlement
If you have separated from your defacto partner and are unable to reach an agreement as to the division of property, the law in NSW gives rights to defacto partners and people in close personal relationships. These rights are in some limited ways similar to those of a married couple when claiming property settlement.
You generally need to show that you have lived together for 2 years or more. The application must be made to the court within two (2) years after the date on which the defacto relationship ended.
If you had lived with your partner for less than 2 years you may still be able to make a claim in circumstances where:
- There is a child of the relationship;
- You are caring for a child of the other party; failure to make an order would result in a serious injustice to you.
- Substantial financial or personal contributions were made by you and failure to make a property adjustment order would result in a serious injustice to you.
Some matters that the Court will consider in making a property adjustment:
- Direct or indirect financial and non financial contributions made by the parties to the acquisition, conservation or improvement of property up to the date of separation eg. Labour involved in home maintenance and improvement,
- Contributions of each partner as a homemaker or parent.
- The age and health of each party
- Income, property and financial resources of each party including employment capacity, physical and mental capacity.
- Care of children. The court will consider the financial commitments of each party and their ability to support him/herself and any children they have a duty to maintain.
What about the children?
Parents should attempt to reach their own agreement in relation to where the child will live, the time spent with the other parent and specific issues such as schooling and religion. If you are unable to reach an agreement, the Family Court deals with children’s matters, regardless of whether the child’s parents were married. For further information on parenting visit our Family Law Parenting page.
You should contact the Child Support Agency if you believe you are entitled to Child Support.
Other Defacto Relationship issues:
- Cohabitation Agreement
- Termination Agreement
- Spousal Maintenance Social Security
- Domestic Violence
For further information and assistance please call or email any member of our Family Law Team.
Visit our Reading Room for more information on Family Law issues.
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Law 9000
Lic.Law 20008
SAI Global
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The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult a lawyer for individual advice regarding your own situation.
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