De-facto Property matters
One of the major sociological changes of the past generation has been the number of couples who live together without ever having said “I do” in front of a marriage celebrant.
A de facto relationship has been described by judges as a relationship where a man and a woman live together as a man and wife without being married, and as with a married couple, a de facto couple can have property and financial claims against each other if they separate.
From 1 March 2009, Queensland along with two other States and all of the territories have referred the powers to govern financial matters following the breakdown of a de facto relationship to the Commonwealth. With the new addition of Pt VIIIAB to the Family Law Act 1975, a number of substantial changes have been made to laws governing a de facto relationship.
The new laws do not apply to de facto relationships which have broken down prior to 1 March 2009.
De facto law also covers same sex couples.
Property claims only arise in a de facto relationship if the parties have been together for two years, or have a child. However, claims may be made if there has been a substantial contribution and injustice would occur if the claim was not permitted.
Similar to property claims for married couples, past contributions, both financial and non-financial, as well as future needs are accounted for to determine the appropriate division for the parties to a de facto relationship.
From 1 March 2009, superannuation splitting is available to de facto couples, as they are with married couples.
With the enactment of Part VIIIAB, de facto couples may enter into Financial Agreements similar to those of married couples.
The carer of a child has the right to claim maintenance for themselves, but only until a child turns twelve. This right is based on a need, and is then subject o an ability to pay. Child support and any matters relating to parenting are for the Child Support as well as Family Laws.
If you require advice or guidance about de facto matters, our Family Law team at Quinn & Scattini are able to give you practical and experienced help at any of our offices.
If you would like to find out how Quinn & Scattini can help you, please call us on 1800 999 529, or email us at mail@quinnscattini.com.au
