De facto - Wikipedia
If you are applying for property or maintenance orders after the breakdown of a de facto relationship, you must provide evidence of the relationship. The Court. The Property (Relationships) Act defines this as a relationship between which means it is not always easy to know when property consequences can Some situations where the Court has found a de facto relationship to exist include. In Western Australia, a de facto relationship is a relationship where two people, regardless of gender and who are not married to each other, live together in a.De Facto Relationship in Australia
By agreement without court involvement; Through an agreement formalised by the court through an application for Consent Orders ; or By applying to the court for orders. The courts can make an order for the division of any property that you own together or separately. It does not matter whether the property was owned jointly or individually.
When determining a property settlement, the court evaluates the types of contributions — financial and non-financial — made by either person, as well as their future needs. This means your family law matters will be determined in the same manner as for a married couple getting divorced.
Family Court of Australia
Before you can make an application to the courts you need to ensure that you meet the definition of de facto. There are exceptions to this rule — for example if you have a child from your relationship.
Australian law does not discriminate between heterosexual or homosexual relationships. This means a de facto relationship can exist between 2 people of the opposite sex, or between 2 people of the same sex. For the reasons above, this may not apply in Western Australia. However if you are unclear on whether you fall within the de facto relationship definition and want to register as proof of existence, you certainly can.
Your Rights And Entitlements If you are in a de facto relationship — you have similar legal rights and responsibilities to those of married couples. For example, if your partner died, you would be entitled to the following: Property settlement There are a number of property settlement options for de facto couples. Filing for property orders with the Court can be expensive, time consuming and stressful.
Am I in a de-facto relationship?
For this reason it is preferable to try to reach an agreement outside of court. Some de facto couples choose to draw up financial agreements before or during their relationship, which are similar to the well-known "pre nuptial" agreement.
In a similar way, separation agreements can be drawn up in anticipation of, or immediately following a relationship breakdown. For these agreements to be legally binding, both parties must have signed the agreement and have received certain independent legal and financial advice before signing.
Consent Orders In the case that there is a dispute, it is always advisable to enter into mediation. If an agreement can be made, it is then possible to apply for Consent Orders through the Court, which formalises the agreement. This is dependent on whether the Court is satisfied that the agreement is "just and equitable" to both parties, and that both parties have sought independent legal advice.
If an agreement cannot be reached, you can apply for property orders. For situations where there has been no prior financial agreement, parties of a de facto relationship or a close domestic relationship can apply for property orders. Applications for property orders must be made within 2 years of the end of a relationship. The decision is then made through a court hearing.
Both parties are expected to fully disclose their respective financial circumstances. A failure to make proper disclosure of a relevant matter is taken very seriously. The Court considers four key factors in assessing property settlements.
The Court will ascertain the net asset pool of both parties. The net asset pool is the total value of all the assets owned by either or both parties. The net asset pool includes anything acquired before or during the relationship, as well as after separation. In ascertaining the net asset pool, the Court will also consider other financial resources over which a party has influence, control or prospective entitlements.
Ascertaining the net asset pool can be highly complicated. Accurate valuation of assets requires that many factors are taken into consideration, such as issues regarding taxation, stamp duties, and the appreciation or depreciation of asset values.
The Court will assess the contributions from both parties both financial and non-financial. There are many types of contributions that may have been made by either spouse. The Court considers all of the following: The Court takes into account many factors when deciding on the future needs of both parties.
Age and health b. Capacity to earn money c. The property and assets of each party d. New relationships and new financial circumstances e. Future parenting responsibilities care and support The Court will consider the practical effect of the proposed property settlement, and whether it is "just and equitable" to both parties.