This article explores the legal complexities associated with de facto relationships in Australia, providing insights into the factors considered for acknowledgement of de facto relationship and the importance of declarations in navigating issues such as maintenance, property settlement, and the aftermath of relationship breakdown.
According to Section 4AA of Family Law Act 1975, the definition of a de facto relationship exists when two individuals are not legally married to each other, are not related by family, and live together on a genuine domestic basis. The determination of such relationships involves a nuanced assessment of various factors, as outlined in Section 4AA(2) of the Act. These factors include the duration and nature of cohabitation, the presence of a sexual relationship, financial dependence or interdependence, property ownership and usage, mutual commitment to a shared life, and responsibilities towards children.
It’s crucial to note that meeting all these criteria is not mandatory, and the court will weigh the relevance and significance of each circumstance.
Furthermore, Section 4AA(5) of the Act explicitly states that the gender of the individuals involved and whether one or both parties are in other de facto relationships or legal marriages do not affect the recognition of a de facto relationship.
To substantiate the existence of a de facto relationship in court, one must fulfill the definition provided by Section 4AA of the Act and satisfy additional criteria under Section 90SB of the Act. These criteria include the relationship lasting for at least two years, the presence of children, substantial contributions to the relationship, or the relationship being registered under state or territory law.
Registering a De Facto Relationship
In Australia, de facto relationships are recognized if they last for at least two years, irrespective of the gender of the couple. The Federal Circuit and Family Court of Australia handle child-related issues for de facto couples similarly to married couples.
To register a de facto relationship in New South Wales, partners must be over 18, not married to each other or anyone else, and not have their relationship already registered. Once these requirements are met, couples can apply online or in person to the Registry of Births Deaths & Marriage or the nearest Service NSW Centre.
De facto couples, like married couples, may face legal issues such as separation and property settlement. Therefore, this emphasises the importance of declarations regarding the existence of de facto relationships.
Declarations of De Facto Relationships in Court
Section 90RD of the FLA 1975 permits declarations about de facto relationships under specific circumstances. These declarations, made under sections 90SE, 90SG, 90SM, or 90SL, serve various purposes.
Section 90SE deals with maintenance orders after the breakdown of a relationship, while Section 90SG addresses urgent maintenance cases. Section 90SM allows courts to order the alteration of property interests in property settlement proceedings, and Section 90SL involves declarations of title or rights for de facto couples regarding property after a relationship breakdown. These declarations carry the legal weight of a court judgment, as outlined in Section 90RE. Parties involved in primary proceedings can apply for such declarations under Section 90RF.
In conclusion, navigating the legal landscape of de facto relationship can be complex due to the special circumstances that may arise differently from each case. Therefore, it is advisable to seek legal assistance from Accuro Maxwell in order to protect your rights in a de facto relationship.