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Caldwell Martin Cox Solicitors : Family Law : Defacto Relationships and Close Personal Relationships
Defacto and Other Domestic Relationships
The Family Law Act, 1975 now extends to property and spouse maintenance matters concerning existing defacto relationships and defacto relationships where separation occurred after 1 March, 2009.
You are able to commence proceedings under the Family Law Act if you have lived together as a couple (same sex or opposite sex) for at least 2 years. The application must be made to the Court within 2 years after the date of separation. If you have lived with your former 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 have made substantial contributions to the relationship and failure by the Court to make an Order would result in serious injustice to you.;
- The relationship was registered in accordance with State or Territory law;
The matters the Court will take into account when making a property adjustment and the important steps in relation to division of property are set out in our Property section on Family Law issues.
If your defacto relationship concluded prior to 1 March, 2009 your property settlement and spouse maintenance entitlements are governed by NSW legislation, being the Property (Relationships) Act, 1984. However, as more than 2 years has elapsed since 1 March, 2009, you are out of time to commence Court proceedings. You would have to seek leave of the NSW District or Supreme Court to commence such proceedings.
Property and/or maintenance matters concerning people in a close personal relationship (other than a defacto relationship) remain governed by the NSW Property (Relationships) Act, 1984. A close personal relationship (other than marriage or a defacto relationship) exists between 2 adults where one or the other provides domestic support to the other for no financial reward or other benefit.
You generally need to show that you have lived together in the close personal relationship for 2 years or more. The application to the Court must be made within 2 years of the date on which the relationship ended.
If the relationship is less than 2 years you may still be able to make a claim in certain circumstances, for example, you have the care and control of a child of the other party.
Some matters the Court will consider in making a property adjustment where there has been a close personal relationship are:-
- Direct or indirect financial and non-financial contributions made by the parties to the acquisition, conservation or improvement of property e.g. labour involved in home maintenance and or improvement.
- The age and health of each party.
- Contributions as homemaker and/or parent.
For further information and assistance please call or email Vicki Andrews of our Family Law Team.
Visit our Reading Room for more information on Family Law issues.
ABN: 65001889317
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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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