De facto Relationship

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De facto relationships
Karen L Haga Associates
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• De facto relationships
• A de facto relationship is defined as a person
  that has a relationship living together with
  another person, who is in the same or opposite
  sex, on a genuine domestic basis. From 2009, a de
  facto relationship can apply to the Family Court
  or the Federal Circuit Court to have children and
  financial arrangement determined in the same ways
  as married couples.
• Before the Court can determine your financial
  dispute, you must satisfy all of the following
• You were in a genuine de facto relationship with
  your former partner which has broken down
• You meet one of the following four gateway
  criteria
• That the period for the de facto relationship was
  at least 2 years
• That there is a child in the de facto
  relationship
• That the relationship is or was registered under
  a prescribed law of a State or Territory
• When assessing property or custodial claims in
  cases of a breakdown of a relationship, it is
  recognised that significant contributions were
  being made by one party and the failure to issue
  an order would result in a serious injustice
• You have a geographical connection to a
  participating jurisdiction
• Your relationship broke down after 1 March 2009
  (or after 1 July 2010 if you have a geographical
  connection to South Australia only) although you
  may be able to apply to the courts if your
  relationship broke down prior to the date
  applicable to your state.
• It is important that you seek legal advice from a
  family law specialist or a family lawyer to
  ensure whether your circumstances satisfy the
  criterion above before lodging your application.

De facto relationships
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