Separating couples who are considered to have been in a de facto relationship are able to have their property and parenting matters dealt with in the same manner as married couples.
For a heterosexual or same sex couple to be considered to have been in a de facto relationship the law generally applies to couples who have lived together on a genuine domestic basis for at least two years. When the Courts are determining whether a couple was living together on a genuine domestic basis they often will consider the following factors:
- duration of the relationship (at least two years);
- the nature and extent of the common residence;
- whether a sexual relationship exists;
- the financial dependence and interdependence of the parties;
- the ownership, use and acquisition of the property;
- the mutual commitment to a shared life;
- whether the relationship is registered (under the law of the State in which the parties reside/had resided during the relationship);
- the care and support of the children (if there are any of the relationship); and
- the reputation and public aspects of the relationship.
There are time limits that arise after the breakdown of a de facto relationship. Any Court Application must be made within two years from the date of separation.
If you require representation and advice in relation to this area of family law, please contact our de facto solicitor in Brisbane, Toowoomba & Ipswich office as soon as possible as strict time limits apply.