Many people assume that family law only applies to married couples. It does not. If you have lived together as a couple on a genuine domestic basis, you may have the same property and financial rights as a married person — and the same obligations.
There is no single test. The court looks at how long you were together, whether you lived together, whether the relationship was sexual, how you handled finances, whether you owned property together, and how others saw the relationship. No one factor decides it.
Generally you can make a property claim if you were in a de facto relationship for at least two years. But there are important exceptions: if you have a child together, or if one of you made substantial contributions and it would be unfair not to make orders, a claim may be possible even under two years.
The same things a married couple can: a division of property and assets, superannuation splitting, and in some cases spousal maintenance. The same four-step process applies — contributions and future needs are assessed in exactly the same way.
For de facto couples, you generally have two years from the date of separation to start a property or maintenance claim. After that you need the court’s permission, which is not guaranteed. If you have recently separated, do not let this deadline pass while you ‘sort things out’ informally.
If you are unsure whether your relationship qualifies, or whether to formalise an agreement, an early conversation costs little and prevents the most expensive mistakes. We can tell you quickly where you stand.
General information only, not legal advice. For advice on your circumstances, contact HT Law Services on (02) 9280 1548.